definiens: means ( a ) all information disclosed to the Receiving Party by the DisclosingParty in connection with this Agreement or any Ancillary Agreement, including all information with respect to theDisclosing Party ’s licensors, licensees, sublicensees or Affiliates, ( b ) all information disclosed to the Receiving Partyby the Disclosing Party under the Confidentiality Agreement and ( c ) all memoranda, notes, analyses, compilations, studies and other materials prepared by or for the Receiving Party to the extent containing or reflecting the informationin the preceding clause ( a ) or ( b ) . Confidential Information shall include the Estimated Monthly Net Sales Reports, Monthly Net Sales Reports, Quarterly Net Sales Reports, Annual Net Sales Reports and Net Sales Forecastsdelivered pursuant to Section 2.3.4 ( the ) . Notwithstanding the foregoing, Confidential Information shall not include information that, in each case as demonstrated by competent writtendocumentation : ( i ) was already known to the Receiving Party other than under an obligation ofconfidentiality, at the time of disclosure by the Disclosing Party ; ( ii ) was generally available to the public or otherwise part of the public domain atthe time of its disclosure to the Receiving Party ; ( iii ) became generally available to the public or otherwise part of the publicdomain after its disclosure to the Receiving Party other than through any act or omission of the Receiving Party inbreach of this Agreement or the Confidentiality Agreement ; ( iv ) is subsequently disclosed to the Receiving Party by a Third Party withoutobligations of confidentiality with respect thereto ; or ( v ) is subsequently independently discovered or developed by the ReceivingParty without the aid, application or use of Confidential Information