definiens: shall mean with respect to a Party all trade secrets, processes, formulae, data, know - how, improvements, inventions, chemical materials, assays, techniques, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by suchParty, or has otherwise become known to such Party, or to which rights have been assigned or licensed tosuch Party, as well as any other information and materials that are deemed confidential or proprietary to orby such Party ( including, without limitation, all information and materials of such Party ’s customers andany other Third Party and their consultants ) . Confidential Information shall not include any suchinformation, data or materials to the extent that the receiving Party can demonstrate that such information,(a ) as of the date of disclosure is known to the receiving Party or its Affiliates other than by virtue of aprior confidential disclosure to the receiving Party or its Affiliates ; ( b ) as of the date of disclosure is, orsubsequently becomes, publicly known, through no fault or omission of the receiving Party or its Affiliates;(c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation ofconfidentiality to the disclosing Party ; or ( d ) is independently developed by or for the receiving Party or itsAffiliates without reference to or reliance upon any Confidential Information of the disclosing Party