definiens: means all secret, confidential or proprietaryinformation, data or Know - How ( including [COMPANY] Know - How and Theravance Know - How)whether provided in written, oral, graphic, video, computer or other form, provided by one Party(the ) to the other Party ( the ) pursuant to this Agreement orgenerated pursuant to this Agreemen~ including but not limited to, information relating to theDisclosing Party 's existing or proposed research, development efforts, patent applications, business or products, the terms of this Agreement and any other materials that have not beenmade available by the Disclosing Party to the general public . Confidential Information shall notinclude any information or materials that the Receiving Party can document with competentwritten proof : l. I7.1 were already known to the Receiving Party ( other than under an obligationof confidentiality ), at the time of disclosure by the Disclosing Party;l . I7.2 were generally available to the public or otherwise part of the publicdomain at the time of its disclosure to the Receiving Party;1.17.3became generally available to the public or otherwise part of the publicdomain aller its disclosure or development, as the case may be, and other than through any act oromission of a Party in breach of such Party 's confidentiality obligations under this Agreement;3CONFIDENTIAL TREATMENT REQUESTED1.17.4 were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information toothers ; or1.17.5 were independently discovered or developed by or on behalf of theReceiving Party without the use of the Confidential Information belonging to the other Party