definiens: shall mean, as the case may be, any and all information relating to the PUMPS, of aconfidential nature not known to the public or to the recipient of the information before its disclosure belonging toeither Party in written, electronic or any other form . This includes, but is not limited to, Know - How, operationalmethods, formulae, samples, Specifications, analytical methods as well as any details of commercial, technical, pharmaceutical, scientific and industrial nature . The terms of this Agreement shall also be deemed ConfidentialInformation . Confidential Information shall not include information, materials, technical data or Know - How which : ( i ) isin a receiving Party ’s possession at the time of disclosure as evidenced by the receiving Party ’s written recordsimmediately prior to the time of disclosure ; ( ii ) is in the public domain at the time of disclosure ; ( iii ) becomes part ofthe public domain by publication or otherwise after disclosure hereunder other than by breach of this Agreement by areceiving Party ; ( iv ) is disclosed to a receiving Party by a third party having the right to disclose such informationwithout any violation of any rights of or obligations to the disclosing Party ; or ( v ) is independently developed by anemployee or agent of a receiving Party without knowledge of the disclosing Party ’s Confidential Information asevidenced by the receiving Party ’s written records