definiens: , with respect to each party, means any confidential or proprietary information, including, any present or future formu ~ as~ research project, work in process, inventions, procedures, development, scientific, engineering, 9 manufacturing, marketing, business or financial plan or records, personnel matter, products, sales, suppliers, customers, employees, or investors, whether such Confidential or proprietary information is in oral, written, graphic or electronic form ( including all copies in whole or in part of any of the foregoing ) and which derives value from being known to the discloser or owner . shall not include any information which : a ) the recipient can demonstrate to the reasonable satisfaction of the disclosing party was already known to the recipient, other than under an obligation of confidentiality, at the time of disclosure ; b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure ; c ) becomes generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the recipient ; d ) was disclosed to the recipient, other than under an obligation of confiden ~ ality, by a third party who had no obligation not to disclose such information to others ; or e ) the recipient can demonstrate to the reasonable satisfaction of the disclosing party was independently developed by the recipient without reference to the disclosure .