definiens: means any scienti fic, technical, trade or business information related to the subject of the Agreement, irrespective of whet her in human or machine - readable form, tangible or intangible, w hich is : ( a ) given by the Disclosing Party to the R eceiving Party or otherwise acquired or perceived by the Rec eiving Party from the Disclosing Party ; or ( b ) whic h is developed by one Party for the other under the term s of this Agreement . For purposes of this Agreement Confidential Information developed by BVL for Custo mer under this Agreement shall be deemed Confidenti al Information of Customer . Confidential Information d oes not include information that : ( a ) is in possess ion of the Receiving Party at the time of disclosure, as demon strated by written records and without 21 obligation of confidentiality ; ( b ) is or later beco mes part of the public domain through no fault of t he Receiving Party ; ( c ) is received by the Receiving Party from a Third Party without breach of an obligation of confidentiality and without restrictions on further disclosure ; or ( d ) is developed independently by t he Receiving Party without any use of, access to, reference to, or reliance upon the Disclosing Party ’s Confidentia l Information, in whole or in part and other than as part of services under this Agreement . Disclosing P arty is not obligated to mark information as to be deemed Confidential Information under this Agreement . Confidential Information of BVL includes, but is not limited to, BVL Technology, BVL Improvements or any other BVL Manufacturing process es, techniques, know - how, other than Customer Technology and Customer Improvements, and BVL prici ng information . Confidential Information of Custome r includes, but is not limited to, Customer Technolog y and Customer Improvements . Except as expressly se t forth in Article 11, this Agreement shall not be construe d as a grant of any right or license to the Receivi ng Party with respect to Confidential Information of the Disclosi ng Party or as a requirement of either Party to ent er into any further arrangement with respect to Confidential In formation of the Disclosing Party