definiens: shall mean with respect to a Party, technical, financial and business information, including where appropriate and without limitation, trade secrets, billing practices and procedures, price lists, customer lists, training materials, Product information, marketing strategies, specifications, sales and service manuals, samples, proprietary correspondence, operational data, research, technical and/or manufacturing information designs, know - how and processes ; and all tangible and intangible embodiments thereof, including, where appropriate and without limitation, all presentations, reports, documents and data in electronic form, that is owned or controlled by such Party or its Affiliates and disclosed by such Party to the other Party, including information provided by a Party to the other Party prior to the Effective Date, that is identified or acknowledged to be confidential at the time of disclosure, or that the receiving Party knows or has reason to know is or contains trade secrets or other proprietary information of the other Party ; provided that Confidential Information shall not include information that ( i ) is in the receiving Party 's possession or is known to the receiving Party at the time of disclosure without an obligation to keep it confidential as evidenced by contemporaneous written records of the receiving Party, ( ii ) is generally available to the public or otherwise part of the public domain at the time of disclosure, ( iii ) is or becomes publicly known through no act of the receiving Party, ( iv ) was disclosed to the receiving Party by a Third Party who had no obligation of confidentiality as evidenced by contemporaneous written records of the receiving Party, ( v ) is developed independently by the receiving Party as evidenced by contemporaneous written records, ( vi ) is authorized to be released by the disclosing Party, ( vii ) is ordered by a court of competent jurisdiction to be disclosed, provided prompt notice of any such order is given to the disclosing Party and all reasonable steps are taken to secure a protective order for the Confidential Information