definiens: shall mean any and all information, know­how and data, technical or non - technical, disclosed or provided by one Party ( the ) to the other Party ( the ) for or about the work to be performed hereunder, whether disclosed or provided in oral, written, graphic, photographic, electronic, or any other form . Confidential Information of [COMPANY] shall include [COMPANY] Samples, [COMPANY] Results and [COMPANY] Generated Results . Other Results shall be considered Confidential Information of Sol ex a and the provider of the Other Samples until such time that such results are published in accordance with this Section 13 . Each party shall use its best efforts, consistent with its established policies and procedures, to protect the confidentiality of the other Party 's Confidential Information . This Agreement applies to all confidential information ( including the terms of this Agreement ) except to the extent that the Confidential Information : a. Was part of the public domain at the time of disclosure ; b. Became part of the public domain by publication or otherwise, except by breach of this Restated Agreement ; c. Can be established to have been in the possession of Receiving Party at the time of disclosure and was not acquired directly or indirectly from the Disclosing Party under a confidentiality obligation ; d. Was received from a third party without any restrictions ; provided that the information was not obtained by that third party, directly or indirectly, in breach of a confidentiality obligation ; or e. Can be established to have been developed by Receiving Party independently of any disclosure by Disclosing Party