definiens: means all information and know‐how and any tangib le embodiments thereof provided by or on behalf of the Disclosing Party to the Receiving Party in the course of perfo rming under this Agreement ( including under the Original Agreem ent prior to the Effective Date ), which may include data, knowledge, practices, processes, ideas, research pl ans, formulations, or manufacturing techniques, mar keting and business plans, financial information, personnel in formation, and other information relating to the Di sclosing Party or to its present or future products, sales, suppliers, -2- customers, employees, investors or business ; provid ed however that Confidential Information specifical ly excludes any information which : ( a)at the time of disclosure is generally available to the public ; ( b)after disclosure becomes generally available to the public by publication or otherwise through no fault of the Receiving Party or its Repr esentatives or Advisors ; ( c)the Receiving Party can show was in its possessi on or in the possession of its Representatives prior to the time of disclosure by the Disclosing Party and which was not acquired, di rectly or indirectly, from the Disclosing Party or its Repres entatives, and which is held by the Receiving Party free of any obligation of confidence to any Third Party ; ( d)the Receiving Party can show was received by it after the time of disclosure by the Disclosing Party from a Third Party who had a lawfu l right to disclose it to the Receiving Party and w ho did not require the Disclosing Party to hold it in confiden ce ; or ( e)the Receiving Party can show was developed by or for the Receiving Party or its Representatives without any use of the Disclosing P arty ’s Confidential Information or violation of thi s Agreement