definiens: means any information concerning this Agreement or the Parties respective rights and obligations hereunder, including trade secrets, business methods, cost, manufacturing and customer information and information relating to the Patent Rights, the Transferred Patents, the Transferred Selected Pulmonary Delivery Patents and the Know - How in the possession of or furnished to a Party by the other Party ; provided that, the term does not include infonnation to the extent that it ( i ) is or becomes generally available to the public other than as a result of a disclosure by a Party or its partners, directors, officers, employees, agents, counsel, investment advisers or representatives ( all such persons being collectively referred to as ) in violation of this Agreement or any of the Transaction Agreements, ( ii ) is or was available to such Party on a non - confidential basis ( as demonstrated by the written records of such Party ) prior to its disclosure to such Party by the other Party or ( iii ) was or becomes available to such Party on a non - confidential basis from a source other than the other Party, which source is or was ( at the time of receipt of the relevant information ) not, to the best of such Party 's knowledge, bound by a confidentiality agreement with ( or other confidentiality obligation to ) the other Party or another Person