definiens: . Confidential Information of a Party shall mean all Know - How or otherinformation that is of a confidential and proprietary nature to such Party . Confidential Information includes Know - Howor other information ( whether or not patentable ) regarding a Party ’s technology, products, business information orobjectives and reports and audits under Section 4.7, and all biological materials of a Party . Notwithstanding theforegoing, Confidential Information shall not include Know - How or other information that : ( a ) was known or used by the receiving Party or its Affiliates prior to its date of disclosure to the receivingParty as demonstrated by contemporaneous written records ; or3 ( b ) either before or after the date of the disclosure to the receiving Party is lawfully disclosed to the receivingParty or its Affiliates by sources other than the disclosing Party rightfully in possession of such Know - How or otherinformation and not bound by confidentiality obligations to the disclosing Party ; or ( c ) either before or after the date of the disclosure to the receiving Party or its Affiliates is or becomespublished or otherwise is or becomes part of the public domain through no breach hereof on the part of the receivingParty or its Affiliates ; or ( d ) is independently developed by or for the receiving Party or its Affiliates without reference to or reliance uponthe Confidential Information of the disclosing Party as demonstrated by contemporaneous written records