definiens: means any and all of the following information of [COMPANY] and/or its Affiliates or Dexcom and/or its Affiliates ( each, a ) that may be hereafter disclosed in any form, whether in writing, orally ( if orally or by observation, the Disclosing Party must memorialize such information in writing within thirty ( 30 ) days of disclosure to maintain its confidential nature ), electronically or otherwise and marked ( the ): a ) all information that is a trade secret under applicable trade secret law or other legal requirement ; b ) all information concerning product specifications, data, know - how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned manufacturing or distribution methods and processes, customer lists, health care professional lists, current and anticipated customer requirements, price lists, market studies, business plans, hardware and software ; c ) all information concerning the business and affairs of the Disclosing Party ( and/or its Affiliates ) ( which includes financial statements, financial projections and budgets, sales, strategic plans, marketing and advertising plans, publications, client and customer lists and files, contracts ), and all information obtained from review of the Disclosing Party 's documents or property or discussions with the Disclosing Party ; and d ) all notes, analyses, compilations, studies, Page 2 of 23 summaries and other material prepared by the Receiving Party to the extent containing any information included in the foregoing . Provided, however, that shall not include information that the Receiving Party can demonstrate by competent proof : ( i ) was generally available to the public at the time of receipt from the Disclosing Party, or thereafter becomes generally available to the public other than through a breach of this Agreement by the Receiving Party ; ( ii ) is or has been independently developed or conceived by the Receiving Party without use of the Disclosing Party 's confidential information ; ( iii ) is or has been made known or disclosed to the Receiving Party without breach of any obligation of confidentiality such third party may have to the Disclosing Party ; or ( iv ) is known to the Receiving Party prior to disclosure by the Disclosing Party and is not otherwise subject to any obligations of confidentiality