definiens: means, to the extent it is Controlled by [COMPANY] or any of its Affiliates as of the Effective Date or becomes Controlled by [COMPANY] or any of its Affiliates at any time during the Development Term, ( a ) all Confidential Information not included in the [COMPANY] Patents or Joint Patents that is necessary for Nastech to perform its obligations under the Development Program, ( b ) all Confidential Information previously provided to Nastech by [COMPANY] pursuant to the Confidentiality Agreement, and ( c ) all Confidential Information previously provided to Nastech by [COMPANY] pursuant to the Feasibility Agreement . For purposes of clarity, [COMPANY] Know - How shall not include any Proprietary Substances other than the Proprietary Substances that [COMPANY] is required to make available under the Development Plan, or as otherwise provided in writing in the Development Plan and shall exclude all After­Acquired Technology that becomes Controlled by [COMPANY] or any of its Affiliates after the Effective Date