definiens: means any and all information or data relating to the Compound and/or Product which a party discloses to the other party, its employees or representatives, or is conceived or reduced 10 practice during the Term by either party or by a third party conducting feasibility and evaluation studies for [COMPANY], whether in writing, orally or by observation, including, without limitation, all scientific, clinical, tectmical, commercial, financial and business information and Know - How, and other infonnation or data considered confidential in nature . Confidential Information shalt not include information or any portion thereof which : ( a ) is known to the receiving party at the time of disclosure and documented by written records made prior to the date of this Agreement ; ( b ) is subsequently disclosed to the receiving party without any obligations of confidence by an unaffiliated third person who has not obtained it directly or indirectly from the other party and who has the right to make such disclosure ; ( c ) becomes patented, published or otherwise part of the public domain ; or ( d ) is independently developed by or for the receiving party by person(s ) having no knowledge of or access to such infonnation and without breach of any confidentiality obligation as evidenced by its written records