definiens: Confidential Information shall mean any and all technical and non -technical information, ( whether or not disclosed by AASTROM prior to the Effective Date under the terms of the Confidentiality Agreement between the Part ies dated December 22, 1993 ), data, techniques, manufacturing procedures, know -how, discoveries, inventions, trade secrets, improvements or innovations that are maintained as proprietary and confidential by the Party owning or controlling the same ; but Con fidential Information shall not include information that ( i ) the Recipient can clearly demonstrate to have been in its possession at the time Confidential Information is disclosed to it, provided that, such information is not known by the Recipient to be subject to another confidentiality agreement with, or under other obligation of secrecy to, the Disclosing Party or another party, or ( ii ) becomes generally available to the public other than as a result of a disclosure by the Recipient, its agents or emplo yees, or ( iii ) becomes available to the Recipient on a non -confidential basis from a source other than the Disclosing Party, provided that, the Recipient does not know, or have reason to know, that such source is bound by a confidentiality agreement with, or other obligation of secrecy to the Disclosing Party or another party, or ( iv ) the Recipient can clearly demonstrate to have developed itself independent of the Confidential Information, or ( v ) the Disclosing Party consents in writing may be disclosed by the Recipient