definiens: shall mean all informati on, inventions, knowhow and data disclosed by one p arty to the other party, or its respective affiliates or ag ents, pursuant to this Agreement, whether in oral, written, graphic or electronic form and whether in existence as of t he effective date or developed or acquired in the f uture, except where such information ( i ) is public knowledge at t he time of disclosure by the disclosing party, ( ii ) becomes public knowledge through no fault of the receiving party, ( iii ) was in the possession of the receiving party at the time of disclosure by the disclosing party as evide nced by proper business records or ( iv ) is disclose d to the receiving party by a third party, to the extent suc h third party 's disclosure was not in violation of any obligation of confidentiality . shal l also include all information that would have been included in the definition of under the [COMPANY] Agreements, which information shall be deemed to be subject to the nondisclosure and nonuse oblig ations contained herein notwithstanding the assignm ent of the [COMPANY] Agreements hereunder