definiens: shall mean any nonpublic information of BIOPORT that has been or will be communicated to HOLLISTER - STIER or any non public information of HOLLISTER - STIER that has been or will be communicated to BIOPORT, including without limitation, trade secrets, business methods, operating procedures, manufacturing methods and processes, prices, product forecasts, actual orders, and customer information, whether in a written, oral or visual format ; provided, however, that will not include any information that is : ( a ) already known to the receiving Party at the time of disclosure hereunder, as demonstrated by its written records ; ( b ) now or hereafter becomes publicly known other than through acts or omissions of the receiving Party, or anyone to whom the receiving Party disclosed such information ; ( c ) disclosed to the receiving Party on a nonconfidential basis by a third party under no obligation of confidentiality to the disclosing Party ; or ( d ) independently developed by the receiving Party without reliance on the Confidential Information of the disclosing Party as shown by its written records