definiens: shall mean ( i ) all information ( a ) disclosed by COMPANY, or Derma pertainingto the COMPANY, to the SUPPLIER or ( b ) obtained by the SUPPLIER from a third party or any other source, regarding the technology, business or affairs of the COMPANY or the COMPANY ’s affiliates, including without limitingthe generality of any of the foregoing, any information pertaining to products, chemical formulae, specifications, designs, processes, inventories, discoveries, trademarks, patents, manufacturing, packaging, distribution, salesmethods, sales, expenses, profit figures, customer and supplier lists, costs of goods or relationships between theCOMPANY and any of its customers, suppliers, ultimate consumers or affiliates and ( ii ) all other information obtainedby the SUPPLIER from visiting and observing COMPANY ’s or Derma ’s facilities, which information need not bereduced to writing to constitute ( b ) Confidential Information shall not include information that : ( i ) was already in the possession of theSUPPLIER before disclosure thereof by the COMPANY or Derma to the SUPPLIER to the extent demonstrated bythe SUPPLIER by clear and convincing evidence, such information was previously delivered under an obligation ofconfidentiality from a third party, ( ii ) is independently developed by the SUPPLIER without use or reference to theCOMPANY ’s Confidential Information to the extent demonstrated by the SUPPLIER by clear and convincingevidence, ( iii ) is or becomes publicly available through no fault of the SUPPLIER to the extent demonstrated by theSUPPLIER by clear and convincing evidence, or ( iv ) is obtained by the SUPPLIER from a third party under noobligation not to disclose same to the extent demonstrated by the SUPPLIER by clear and convincing evidence