definiens: means all know - how, trade secrets, formulae, data, inventions, Product ANDA, technology and other information, including financial information, in whatever form, relatedto the registration, manufacture, sale or marketing of the Products, marketing strategies or business of the disclosing Party, related tothis Agreement . Without limiting the generality of the foregoing, subject to Section 12 below, the existence of this Agreement andeach of its provisions shall be considered Confidential Information of each Party . Confidential Information shall not include anyinformation that ( i ) is or becomes public knowledge through no fault of the receiving Party ; ( ii ) rightfully was in the receiving Party'spossession at the time of disclosure ( as evidenced by written records ) ; ( iii ) was independently created by the receiving Party ( asevidenced by written records ) without use or reference to any Confidential Information ; or ( iv ) is received from a third party having thelawful right to disclose the information