definiens: means ( i ) any and all confidential and proprietar y information, including, but not limited to, data, results, conclusions, know - how, experience, financial i nformation, plans and forecasts, that may be delive red, made available, disclosed or communicated bya Party or its Affiliates or their respective Repre sentatives to the other Party or its Affiliates or their respective Representatives, related to the su bject matterhereof or otherwise in connection with this Agreeme nt and ( ii ) the terms, conditions and existence of this Agreement . will notinclude information that ( A ) at the time of disclos ure, is generally available to the public, ( B ) afte r disclosure hereunder, becomes generally available to thepublic, except as a result of a breach of this Agre ement by the recipient of such information, ( C ) bec omes available to the recipient of such information from aThird Party that is not legally or contractually pr ohibited by the disclosing Party from disclosing su ch Confidential Information ; or ( D ) was developed b y orfor the recipient of such information without the u se of or reference to any of the Confidential Infor mation of the disclosing Party or its Affiliates, a sevidenced by the recipient ’s contemporaneous writte n records . Notwithstanding anything herein to the c ontrary, all Confidential Information includedwithin the Purchased Assets shall constitute Confid ential Information of the Buyer from and after the Closing Date