definiens: means any information that ( i ) in any way relates to products, business, know - how, business strategies or technolo gy of a Party or Affiliate thereof, ( ii ) is furnish ed or disclosed to the other Party in connection with this Agreemen t, and ( iii ) is identified as ( or words of similar import ) upon such disclosure ; provided, however, th at the term shall not include any specific information that : ( a ) at the time of disclosure, is generally avai lable to the public ; ( b ) after disclosure hereunder, becomes generall y available to the public, except as a result of a breach of this Agreement by the recipient of such information ; ( c ) becomes available to the recipient of such i nformation from a Third Party that is not legally or contractually prohibited by the disclosing Party from disclosing such Confidential Information ; or ( d ) the recipient of which can demonstrate by cl ear and convincing evidence was developed by or for such recipient without the use of any of the Confidential Information of the disclosing Part y or its Affiliates hereunder . 1.15 means the contingent payments contemplated under Section 3.3 and Section 3.4