definiens: means the existence, terms and provisions of this Agreement and all other proprietary informationand data of a financial, commercial or technical nature that the disclosing Party or any of its Affiliates has supplied or otherwisemade available to the other Party or its Affiliates . All Licensed Know - How and Licensee - Selected Compound Know - How shall beconsidered [COMPANY] ’s Confidential Information . Confidential Information shall not include information that : ( a ) is, at the time ofdisclosure or becomes, after the time of disclosure, known to the public or part of the public domain through no breach of thisAgreement by the receiving Party or any Recipients to whom it disclosed such information ; ( b ) was known to, or was otherwise inthe possession of, the receiving Party prior to the time of disclosure by the disclosing Party to the receiving Party ; ( c ) is disclosedto the receiving Party on a non - confidential basis by a Third Party who is entitled to disclose it without breaching anyconfidentiality obligation to the disclosing Party ; or ( d ) is independently developed by or on behalf of the receiving Party or any ofits Affiliates, as evidenced by its written records, without use of or access to the Confidential Information