definiens: means all information concerning orrelated to the business, operation, financial condition or prospects of the Company or any Member ( whetherprepared by the Company, a Member, their respective advisors or otherwise, and regardless of the form inwhich such information appears and whether or not such information has been reduced to a tangible form),and shall specifically include ( without limitation ) . ( A ) all information regarding the members, managers, officers, directors, employees, equity holders, customers, suppliers, distributors, sales representatives andlicensees of the Company and its Members, in each case whether past, present or prospective ; ( B ) allinventions, discoveries, trade secrets, processes, techniques, software, methods, formulae, ideas andknow - how of the Company and its Members ; ( C ) all financial statements, audit reports, budgets andbusiness plans or forecasts of the Company and its Members ; and ( D ) all analysis, compilation,, forecasts, data studies, notes, translations, memoranda, or other documents or materials, prepared by or for theMember containing, based on, generated or derived from . in whole or in part, any Confidential Information does not include information which ( a ) was already in the Member or itsrepresentatives possession prior to the time of disclosure to it by or on behalf of the Company, provided thatthe source of such information was not and is not bound by any contractual or other obligation ofconfidentiality to the Company or any third party with respect to any of such information, ( b ) was orbecomes generally available to the public other than as a result of a disclosure by such Member or itsrepresentatives, ( c ) becomes available to such Member or any of its representatives on a non - confidentialbasis from a source other than the Company, provided that such source is not bound by any contractual orother obligation of confidentiality to the Company or any other person with respect to such information or ( d)is independently developed by or for such Member or its representatives without using the ConfidentialInformation