definiens: means information of a Party that is disclosed to or obtained by the other Party ( including information obtained by a Party as a result of access to the facilities of the other Party ) either prior to or during the term of this Agreemen t which information ( a ) is non - public, confidential or proprietary in nature, including trade secrets, fin ancial data, product information, manufacturing met hods, market research data, marketing plans, identity of customers, nature and source of raw materials, prod uct formulation and methods of producing, testing and p ackaging, and ( b ) relates to the disclosing Party ’s past, present or future research, development or Commerci alization activities ; provided, however, that Confidential Information shall not include informat ion that a Party can demonstrate by written evidenc e : ( i ) is in the public domain other than as a result of a breach by such Party ( or any of its Affiliates ) of its obligations of confidentiality contained herein ; ( i i ) was known by the receiving Party prior to receip t from the disclosing Party ; ( iii ) has been developed by t he receiving Party independent of any Confidential Information of the other Party ; or ( iv ) was subsequ ently, lawfully and in good faith obtained by the receiving Party on a non - confidential basis from a third party that was not under an obliga tion to treat such information in a confidential manner and had a lawf ul right to make such disclosure . Without limiting the foregoing, the terms of this Agreement, including t he Development Plan and each Commercialization Plan, shall constitute hereunder