definiens: means information of a confidential or proprietary nature disclosed by a Party tothe other Party hereunder, whether disclosed in oral, written, graphic or electronic form provided that ConfidentialInformation disclosed in written, graphic or electronic form expressly indicates the confidential nature of suchinformation and that Confidential Information disclosed orally is reduced to writing in summary form indicating theconfidential nature of such information within [ * * * ] Business Days of disclosure, in connection with this Agreement orthe performance of its obligations hereunder, including any such information related to any scientific, clinical, engineering, manufacturing, marketing, financial or personnel matters relating to a Party, or related to a Party ’s present orfuture products, sales, suppliers, customers, employees, investors, business plans, Know - How, regulatory filings, data, compounds, research projects, work in progress, future developments or business, in all such cases whether disclosed inoral, written, graphic or electronic form ; provided, however, that in any event, Confidential Information excludes anyinformation that : ( a ) is known by recipient at the time of its receipt, and not through a prior disclosure by or on behalf ofthe disclosing Party, as documented by contemporaneous business records ; ( b ) is or becomes properly in the publicdomain through no fault [ * * * ] Certain information in this document has been omitted and filed separately with the Securities and ExchangeCommission . Confidential treatment has been requested with respect to the omitted portions