definiens: of either party means any scientific, tec hnical, trade or business information which ( x ) is given by such party or its Affiliates or their respective employe es or representatives to the other and which is treated b y the disclosing party as confidential or proprieta ry or a trade secret and is not within the scope of clause ( y ) or clause ( z ) below, ( y ) is developed by the other pa rty for such party under the terms of this Agreement or ( z ) is o wned by such party by virtue of any provision of th is Agreement that assigns or transfers ownership thereof to such party from the other party . Confidential Informati on of Manufacturer includes, but is not limited to, Manuf acturer Technology, including any Manufacturer Tech nology embodied in any Batch Record or Batch Documentation . Confidential Information of Rhythm includes, but is not limited to, Rhythm Technology and Improvements . The restrictions of this Section will not apply to any portion of the Confidential Information which ( a ) is known to the recipient at the time of disclosure and is n ot subject to another confidentiality obligation to the discloser or its Affiliates, as reasonably documented by rec ipient ’s written records ; ( b ) later becomes available to the public through no fault of the recipient ; ( c ) is received from a third party having the lawful right to disclose the information ; or ( d ) is independently developed by or on behalf of recipient without CONFIDENTIAL * CONFIDENTIAL TREATMENT REQUESTED