definiens: means with respect to a party ( the ), all non - public business, technical, financial, lega l or other information, including, without limitati on, results and data of any type whatsoever, in any tangible or int angible form whatsoever, including, preclinical dat a, clinical trial data, databases, practices, methods, techniqu es, specifications, formulations, formulae, knowled ge, know - how, skill, experience, test data including pharmac ological, biological, chemical, biochemical, toxico logical and clinical test data, analytical and quality control data, stability data, studies and procedures, toget her with any copies, abstracts or derivatives thereof, disclosed by the other party ( the ) to the Receiving Party or to any of its affiliates or representatives unde r this Agreement that ( a ) is marked as confidential or indicated at the time of disclosure as being confidential or, in the case of information that is orally disclosed, that is subsequently summarized in writing and transmitted to the Receiving Party within thirty ( 30 ) days of t he initial disclosure or ( b ) by its nature a reasonable person would understand to be confidential or proprietary ; provided that Confidential Information will not include any information that the Receiving Party can demonstrat e by written record that such information : ( i ) is, as of the dat e of disclosure, demonstrably known to the Receivin g Party other than by virtue of a prior confidential disclosure t o it ; ( ii ) is, as of the date of disclosure, in, or subsequently enters, the public domain, through no fault of the Receivin g Party ; ( iii ) was obtained by the Receiving Party from a third party which can be reasonably assumed to have a law ful right to make such disclosure free from any obl igation of confidentiality to the Disclosing Party ; or ( iv ) is independently developed by or for the Receiving Pa rty without reference to or reliance upon any Confidential Info rmation of the Disclosing Party, as demonstrated by the Receiving Party ’s records kept in the ordinary cour se of its business