definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphi c, video, computer, electronic or other form, provided pursua nt to this Agreement or generated pursuant to this Agreement or the US Agreement by one Party or its Affiliates ( the ) to the other Party or its Affiliates ( the ), including but not limited to, information relat ing to the Disclosing Party ’s existing or proposed research, development efforts, patent appl ications, business or products, and any other mater ials that have not been made available by the Disclosing Part y to the general public . Notwithstanding the forego ing sentence, Confidential Information shall not includ e any information or materials that : ( a ) were already known to the Receiving Party ( other th an under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party, to the extent such Receiving Party has documentary evidenc e to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at the time of disclosure thereof to the Receiving Party ; ( c ) became generally available to the public or otherwi se part of the public domain after disclosure or development thereof, as the case may be, and other than through any act or omission of a Party in brea ch of such Party ’s confidentiality obligations under this Agre ement ; ( d ) were disclosed to a Party, other than under an obli gation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to di sclose such information to others ; or ( e ) were independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to the ot her Party, to the extent such Receiving Party has d ocumentary evidence to that effect