definiens: shall mean any and all information of or about a Party including all information relating to any technology, product, process or intellectual property of such Party ( inc luding, but not limited to, owned or licensed intellectual property rights, dat a, know - how, samples, technical and non - technical materials, and specific ations ) as well as any business plan, financial information, or other conf idential commercial information of or about such other Party . Notwithst anding the foregoing, specific information shall not be considered with respect to such Party to the extent that the other Party possessing such information can demonstrate by written record or ot her suitable physical evidence that : ( i ) such specific information was lawfully in s uch other Party 's possession or control prior to the time such informatio n was disclosed to such other Party by the Party to whom the information r elates ; ( ii ) such specific information was developed by such other Party without such Party having access to the Confidential Information ; ( iii ) such specific information was lawfully ob tained by such other Party from a third Party under no obligation of co nfidentiality to the Party to whom such information relates ; or 1 < PAGE > ( iv ) such specific information was at the time it was disclosed or obtained by such other Party, or thereafter became, p ublicly known otherwise than through a breach by such other Party of such other Party 's obligations to the Party to whom such information relates