definiens: shall mean all confidential and/or proprietary information, including, but not limited to, current or historica l data, techniques, know - how, practices, reports, forecasts, ideas, designs, plans, processes, drawin gs, sketches, specifications, models, samples, material compositions, circuit schematics, manufact uring techniques, devices, computer programs, pro formas or documentation, and other technical, f inancial or business data, that, in each case, rela te to the design or manufacture of the SynHall Valve, including, without limitation, the SynHall Valve Documents and Licensed Materials, that, in each cas e, Customer discloses or makes available or accessible to Supplier, whether during the term of this Agreement or prior to the Effective Date pursuant to that certain Non - Disclosure Agreement R egarding Medtronic Confidential Information between Customer and Supplier signed August 15, 201 3 ( the ) ; in each case, whether in written, electronic, oral, tangible or intangible f orm, and regardless of whether or not such information is or was labeled or identified as or the like . Medtronic Confidential Information will not include informati on that Supplier proves through competent written evidence : ( a ) was lawfully known to Supplier prior to receipt thereof under the NDA or this Agreement, as evidenced by Supplier ’s written recor ds kept in the ordinary course ; ( b ) is disclosed without restriction to Supplier in good faith by a third party who is in lawful possession thereof and who has the right to make such disclosure ; ( c ) is o r becomes public knowledge, by publication or otherwise, through no fault of Supplier ; or ( d ) is independently developed by Supplier without utilizing Medtronic Confidential Information, as ev idenced by Supplier ’s written records kept in the ordinary course