definiens: means such information disclosed by one party to the other is such information is marked confidential if in writing or regarding which written notice is given as to its confidential nature if not in writing . Such information may include, but is not limited to know - how, trade secrets, formulations, product data, complaint and safety information, identities of suppliers, identities of customers, and regulatory information . Information will not be considered Confidential Information if ( 1 ) it is at the time of disclosure or thereafter part of the public domain, without the fault of the person claiming such information is not Confidential Information, ( 2 ) the person claiming such information is not Confidential Information can show through tangible records that it already knew the information before it was received, ( 3 ) the person claiming such information is not confidential Information can show through tangible records that the information was developed independently without reliance on such information, or ( 4 ) the person claiming such information is not Confidential Information obtained such information from a third party without breach of an obligation of confidentiality