definiens: shall mean anyscientific, technical, trade or business information possessed or obtained by, developed for or given to oneparty to this Agreement ( ) which is treated by Disclosing Party as confidential orproprietary including, without limitation, formulations, techniques, methodology, assay systems, formulae, chemical structures, procedures, tests, equipment, data, computer software, documentation, reports, know - how, sources of supply, patent positioning, relationships with consultants and employees, business plansand business developments, financial information, information concerning the existence, scope or activitiesof any research, development, manufacturing, marketing or other projects of Disclosing Party, and any otherconfidential or proprietary information about or belonging to Disclosing Party ’s suppliers, licensors, licensees, partners, affiliates, customers, potential customers or others whether disclosed orally, visually, orin intangible form to the other party to this Agreement ( ) . does notinclude information which ( i ) was known by Recipient at the time it was disclosed, as evidenced byRecipient ’s written records at the time of disclosure ; ( ii ) is at the time of disclosure or later becomes publiclyknown under circumstances involving no breach of this Agreement ; or ( iii ) is lawfully and in good faith madeavailable to Recipient by a third party who had the right to disclose such information to Recipient