definiens: shall mean all information or materials possessed or developed by either [COMPANY] orST or their respective Affiliates, whether developed before or after the Effective Date, in relation toDevelopment, promotion, marketing, distributing and selling any Product hereunder, including, withoutlimitation, information or materials on substances, formulations, techniques, technology, equipment, data, reports, Know - How, sources for supply, patent position and business plans ; provided however, that ConfidentialInformation shall not include information4or material that is ( i ) already in the public domain as of the Effective Date by reason of prior publication orotherwise ; ( ii ) received by a receiving Party on an unrestricted basis from a Third Party other than thedisclosing Party, where such Third Party is authorized to disclose such information ; ( iii ) part of the publicdomain after the Effective Date through no act, omission or fault of the receiving Party ; or ( iv ) similar in natureto the purported confidential information but has been independently created