definiens: means all information, including but not limited to data, kno w - how, formulas, processes, specifications, organiz ational information, mechanical equipment and/or trade secr ets which have been or may hereafter be disclosed, directly or indirectly by a Party to the other Party, either orally or in writing, or through inspection as wel l as samples ; except that Confidential Information shall not incl ude information and know - how which the receiving Pa rty can show by competent proof : ( a ) was, at the time of disclosure, in the public d omain, ( b ) has subsequent to disclosure, become part of th e public domain through no fault, act, omission, or violation by the receiving Party of the confidentia lity obligations hereunder or under the MOU, the Se crecy Agreement dated of January 23, 2001 or the Clinical Supply Agreement, ( c ) was, at the time of disclosure, in the possessi on of the receiving Party and not otherwise acquire d, directly or indirectly, from the disclosing Party, ( d ) has been developed independently by the receivi ng Party without access to the Confidential Information of the disclosing Party, or * * * Certain information on this page has been omitte d and filed separately with the Commission . Confide ntial treatment has been requested with respect to the om itted portions