definiens: shall mean all information and know - how and any tangible embodiments thereof provided b y or on behalf of one Party to the other Party eith er in connection with the discussions and negotiations pe rtaining to this Agreement or in the course of perf orming this Agreement, which may include data ; knowledge ; pract ices ; processes ; ideas ; research plans ; engineering designs and drawings ; research data ; manufacturing processe s and techniques ; scientific, manufacturing, market ing and business plans ; and financial and personnel matters relating to the disclosing Party or to its present or future Product, sales, suppliers, customers, employees, in vestors or business . Notwithstanding the foregoing, information or know - how of a Party shall not be deemed Confiden tial Information of such Party for purposes of this Agreement if such information or know - how : ( i ) was already known to the receiving Par ty, other than under an obligation of confidentiality or non - use, at the time of disclosu re to such receiving Party ; 30 ( ii ) was generally available or known to pa rties reasonably skilled in the field to which such information or know - how pertains, or was otherwise part of the public domain, at the time o f its disclosure to such receiving Party ; ( iii ) became generally available or known to parties reasonably skilled in the field to which such information or know - how pertains, or otherwise became part of the public domain, after its disclosure to such receiving Party through no f ault of the receiving Party ; ( iv ) was disclosed to such receiving Party, other than under an obligation of confidentiality or non - use, by a third party who ha d no obligation to the disclosing Party not to disc lose such information or know - how to others ; or ( v ) was independently discovered or develop ed by such receiving Party, as evidenced by their written records, without the use of Confidential Information belonging to the disclosing Party and prior to any subsequent disclo sure by the receiving Party