definiens: means any informatio n and data received by a party ( the ) from the other party or its Affiliates ( the ) in connection with this Agreement ( includin g, without limitation, all information disclosed by the Partie s under Section 2.2 and any research, testing, clin ical, regulatory, marketing or other scientific or busine ss information, plans, or data pertaining to any Pr oduct of the Disclosing Party ) . Notwithstanding the foregoing, C onfidential Information shall not include any part of such information or data that : ( a ) is or becomes part of the public domain other t han by unauthorized acts of the Receiving Party or its Affiliates ; ( b ) can be shown by written documents to have been already in the possession of the Receiving Party or its Affiliates prior to disclosure under this Agreement, provided such Confidential Information was not ob tained directly or indirectly from the Disclosing Party pu rsuant to a confidentiality agreement ; ( c ) can be shown by written documents to have been disclosed to the Receiving Party or its Affiliates by a Third Party, provided such Confidential Information was n ot obtained directly or indirectly from the Disclos ing Party pursuant to a confidentiality agreement ; or ( d ) can be shown by written documents to have been independently developed by the Receiving Party or i ts Affiliates without use of, or access to, Confidenti al Information of the Disclosing Party