definiens: means any technical, scientific, regulatory, commercial, business or other confidential, proprietary, or trade secret information provided by or on behalf ofthe Disclosing Party to the Receiving Party pursuant to this Agreement or otherwise relating to ordisclosed during any transaction contemplated hereby ( including information disclosed prior tothe Effective Date under the Confidentiality Agreement ), including information relating to theterms of this Agreement, the Products, Target Prescribers / Accounts, and the scientific, regulatoryor business affairs of either Party ; provided that, Confidential Information shall not include anyinformation that the Receiving Party can demonstrate by competent written proof:(i ) is in the public domain by use and/or publication at the time of itsreceipt from the Disclosing Party or thereafter enters into the public domain through no fault of theReceiving Party ; or(ii ) was already in the Receiving Party ’s possession prior to receiptfrom the Disclosing Party or is developed independently of information received from theDisclosing Party, in each case as demonstrated by contemporaneous written documentation ; or(iii ) is obtained by the Receiving Party from a source ( other than aParty or its Representatives ) which is not bound by a confidentiality agreement or othercontractual restriction that may prohibit the disclosure of such information