definiens: of a party shall mean all information provided by such party to the other party either in connection with the discussions and negotiations pertaining to this Agreement or in the course of performing this Agreement, which information is considered to be proprietary and confidential by the disclosing party, including without limitation, data ; knowledge ; practices ; processes ; ideas ; research plans ; chemical compounds ; engineering designs and drawings ; research data ; manufacturing processes and techniques ; scientific, manufacturing, marketing and business plans ; and financial and personnel matters relating to the disclosing party or to its present or future products, sales, suppliers, customers, employees, investors or business . Notwithstanding the foregoing, information shall not be deemed Confidential Information for purposes of this Agreement if such information : ( a ) was already known to the receiving party or its Affiliates, other than under an obligation of confidentiality, at the time of disclosure by the disclosing party ; ( b ) was generally available or known to the public or otherwise part of the public domain at the time of its disclosure to the receiving party ; ( c ) became generally available or known to the public or otherwise part of the public domain after its disclosure to the receiving party through no fault of the receiving party ; [ I = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED