definiens: means ( a ) with respect to [COMPANY], the identific ation by [COMPANY] of any Proposed Target as an Excluded Tar get ; ( b ) with respect to [COMPANY], the identificati on by [COMPANY] of a Proposed Target and the grant by Immu noGen of any Holding Option or Reserve Option hereunder ; and ( c ) with respect to each Party, all information and Technology which is disclosed by or on behalf of such Party ( in such capacity, the ) to the other Party ( in such capacity, the ) hereunder or to any of the Receiving Party ’s empl oyees, consultants or Affiliates, except to the ext ent that the Receiving Party can demonstrate by written record or other suitable evidence that such inform ation, ( i ) as of the date of disclosure is known to the Re ceiving Party or its Affiliates other than by virtu e of a prior confidential disclosure by or on behalf of the Disc losing Party to the Portions of this Exhibit, indicated by the mark were omitted and have been filed separately w ith the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended