definiens: means information that the disclosing Party considers confidential and discloses to the receiving Partyfor the purpose of this Agreement . Confidential Information must be marked or otherwise identified as confidential orproprietary or, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential orproprietary . Confidential Information may be conveyed in written, graphical, physical or oral form . ConfidentialInformation may include, without limitation, information concerning the study, discovery, design, research, development, manufacture, formulation, extraction, compounding, mixing, processing, testing, control, preservation, storage, finishing, packing, packaging, use, administration, distribution, sale, reimbursement and/or marketing ofpharmaceutical products or compounds and potential products or compounds, data from and methodology of pre - clinical and clinical studies, the contents of any submissions to the U.S. Food and Drug Administration ( together withany successor agency ), marketing plans or computer hardware and software systems and designs and plans forsame . Confidential Information may include confidential or proprietary information of a third party that is in thepossession of a disclosing Party . The foregoing confidentiality and non - use obligations shall not apply to any portionof the other Party ’s Confidential Information that the receiving Party can demonstrate by competent written proof : 18 ( a)was already known to the receiving Party or its Affiliate, other than under an obligation ofconfidentiality, at the time of disclosure by the other Party ; ( b)was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the receiving Party ; ( c)became generally available to the public or otherwise part of the public domain after itsdisclosure and other than through any act or omission of the receiving Party in breach of thisAgreement ; ( d)was disclosed to the receiving Party or its Affiliate by a Third Party who has a legal right tomake such disclosure and who did not obtain such information directly or indirectly from theother Party ; or ( e)was independently discovered or developed by the receiving Party or its Affiliate withoutaccess to or aid, application or use of the other Party ’s Confidential Information, asevidenced by a contemporaneous writing