definiens: means, with respect to a Party, all confidential orproprietary information to the extent concerning : ( i ) such Party or any of its Subsidiaries, ( ii ) with respectto [COMPANY], the [COMPANY] Business, any [COMPANY] Assets or any [COMPANY] Liabilities and ( iii ) withrespect to [COMPANY], the [COMPANY] Retained Business, any [COMPANY] Retained Assets or any [COMPANY] RetainedLiabilities, in each case including any such information furnished pursuant to Article VII or otherwisepursuant to this Agreement or any Ancillary Agreement ; provided, however, that shall not include any Information that is ( i ) in the public domain or known to the publicthrough no fault of the receiving Party or any of its Subsidiaries, ( ii ) lawfully acquired after theDistribution Effective Time by the receiving Party or any of its Subsidiaries from Third Parties not knownto be subject to confidentiality obligations with respect to such information or ( iii ) independentlydeveloped by the receiving Party or any of its Subsidiaries after the Distribution Effective Time withoutreference to any Confidential Information of the disclosing Party or any of its Subsidiaries