definiens: means information received ( whether disclosed in w riting, electronically, orally or by observation ) by one Party ( the ) from the other Party ( the ) that the Disclosing Party reasonably considers proprietary and confidential u nless in each case such information, as shown by co mpetent evidence : ( a ) was known to the Receiving Party or to the public prior to the Discl osing Party ’s disclosure, as demonstrated by contemporaneous written records ; ( b ) became known to t he public, after the Disclosing Party ’s disclosure hereunder, other than through a breach of the confidentiality provisions of this Ag reement by the Receiving Party or any Person to who m such Receiving Party disclosed such information ; * * * Confidential Treatment Requested 2 ( c ) was subsequently disclosed to the Receiving Party by a Person ( other than the Disclosing Party ) having a legal right to disclose, without any restrictions, such information or data ; or ( d ) was developed by the Receiving Party independent of the Disclosing P arty ’s Confidential Information ; provided, however, that the Licensed Patents, the [COMPANY] Know - How and any other information that pertains to Compound or any Product disclosed to [COMPANY] by [COMPANY] her eunder shall be deemed the Confidential Information of [COMPANY] as well as [COMPANY] and subject to the confidentiality pr ovisions hereof during the term of this Agreement, and both [COMPANY] and [COMPANY] shall be deemed the Receiving Party with respect to such Confidential Information