definiens: means any and all data and infonnation of a proprietary or confidential nature that is owned or Controlled by any party hereto or their respective Affiliates and is made available by one party or its Affiliates to the other party or its Affiliates, including without limitation data, formulations, chemical structures, processing information, technical reports and specifications, marketing and sales information, customer lists, supplier lists and pricing infonnation . Confidential Information shall not include infonnation which : ( a ) was known or used by the receiving party or its Affiliates prior to its date of disclosure to the receiving party, as evidenced by the prior written records of the receiving party or its Affiliates ; ( b ) either before or after the date of the disclosure to the receiving party, is lawfully disclosed without restriction on disclosure to the receiving party or its Affiliates by an independent, unaffiliated Third Party whose disclosure of such information does not violate any obligation to or right of the party owning or Controlling the Confidential Infonnation ; ( c ) either before or after the date of the disclosure to the receiving party, becomes published or generally known in the industry through no fault or admission on the part of the receiving party or its Affiliates or their employees or agents ; ( d ) can be shown by written documents to have been independently developed by the receiving party or its Affiliates without breach of any of the provisions of this Agreement