definiens: . As used herein, the term shall mean all confidential business and technical communications, documents and other infomlation, whether in written, oral or other form, which [COMPANY] or a [COMPANY] Affiliate furnishes or discloses to Draxis or which Draxis otherwise learns in connection with the negotiation or pcrfonnance of this Agreement ( whether relating to [COMPANY], a [COMPANY] Affiliate or any Third Party for whicb [COMPANY] has an obligation of confidentiality ) . Draxis agrees that the provisions of this Agreement shan apply to all [COMPANY] Confidential Information disclosed by [COMPANY] or a [COMPANY] Affiliate to Oraxis or learned by Oraxis prior to the Effective Date . Draxis represents and warrants that prior to the Effective Date, it has not used or disclosed to any Third Party any [COMPANY] Confidential Infomlation, except as would be pennitted hereunder