definiens: : means any information of a confidential or propriet ary nature disclosed by a Party or its Affiliates ( the ) to the other Party or its Affiliates ( the ), including each Party ’s or its Affiliates ’ invention disclosures, pro prietary materials, data, including any Data, know - how, including any Know- How, technologies, trade secrets, and/or manufacturing, marketing, personnel and other business information and plans, whether in oral, written, gr aphic or electronic form . Confiden tial Information ( as defined in the Prior Confident iality Agreement ) disclosed under the Prior Confidentialit y Agreement shall be deemed Confidential Information hereunder . Informat ion shall not be deemed hereunder, and th e Recei ving Party shall have no obligation with respect to any inform ation if it is : ( i ) known by the Receiving Party prior to disclosure by the Disclosing Party, as evidenced by internal records or document ation of the Receiving Party ; or ( ii ) information which is in the public domain or subseq uently enters the public domain through no fault of the Receiving Par ty ; or ( iii ) information that is received by the Receiving Party from an independent Third Party with the lawful right to disclose it ; or ( iv ) information that was independently developed by the Receiving Party ( or its Affiliates ’ ) employees or contractors without the use of or reference to Confidential Information of the Dis closing Party as evidenced by internal r ecords or documentation of the Receiving Party