definiens: means any information including, but not limited to, ideas, proposals, plans, know - how, reports, drawings, designs, data, discoveries, inventions, improvements, suggestions, specifications, products, samples, components and materials relating to a Product, and all information relating to the manufacture, formulation, analysis, stability, pharmacology, toxicology, pathology, clinical data, results of clinical efficacy studies, clinical effects andindications for use of a Product which a party discloses to the other party, except any portion thereof which : ( i ) is known to the receiving party at the time of disclosure and documented by written records made prior to the dateof this Agreement ; ( ii ) is disclosed to the receiving party by a Third Person who has a right to make such disclosure ; ( iii ) becomes patented, published or otherwise part of the public domain as a result of acts by a third party through nofault of the receiving party or any subsidiary or other affiliate of the receiving party ; or ( iv ) is independently developed by the receiving party without the use of Confidential Information, as evidenced byits written records