definiens: means all secret, c onfidential or proprietary information or data, whe ther provided in written, oral, graphic, video, computer or other form, provided by one Party ( the ) to the other Party ( the ) or gener ated pursuant to this Agreement, including but not limited to, information relating to the Disclosing Party ’s exis ting or proposed research, development, patent appl ications, business or products and any other materials that h ave not been made available by the Disclosing Party to the general public . The terms of this Agreement shall a lso be deemed Confidential Information hereunder, e xcept to the extent disclosure is permitted pursuant to Sect ion 8.5 herein . Notwithstanding the foregoing sente nces, Confidential Information shall not include any info rmation or materials that : ( a ) were already known to the Receiving Party ( othe r than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party to t he extent such Receiving Party has documentary evidence to that effect ; ( b ) were generally available to the public or other wise part of the public domain at the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or oth erwise part of the public domain after its disclosure or development, as the case may be, and other than through any act or omission of a Party ( or any Affiliate or employee or agent thereof ) in brea ch of such Party ’s confidentiality obligations unde r this Agreement ; ( d ) were subsequently lawfully disclosed to the Rec eiving Party by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others and which did not involv e any act or omission of a Party ( or any Affiliate or emp loyee or agent thereof ) in breach of such Party ’s confidentiality obligations under this Agreement ; o r ( e ) were independently discovered or developed by o r on behalf of the Receiving Party without the use of the Confidential Information belonging to th e other Party and the Receiving Party has documenta ry evidence to that effect