definiens: means information deemed confidential or proprietary bya party to the Agreement ( the ), including information deemedconfidential or proprietary by virtue of the disclosing party ’s obligations to anotherPerson, that may be disclosed to, acquired by or on behalf of, the other party ( the ) . The status of information as Confidential Information is notaffected by the means of acquisition or disclosure . For example, ConfidentialInformation may be acquired by written, oral, or electronic communication ; directlyfrom the disclosing party ’s Representative or independent contractor, or indirectlythrough one or more intermediaries ; or by visual observation . Similarly, acquisition ordisclosure of information may be either intentional orCDI Page 25 of 35 November 22, 2010MPT v3.0 / March 15, 2010 ( * * * * ) DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FORCONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION.inadvertent without affecting its status as Confidential Information . Notwithstandinganything to the contrary in this Agreement, Confidential Information does not includeany information that : A.1.6.1Is generally know to the public or becomes generally known to thepublic by means other than a breach by the acquiring party of acontractual, legal, or fiduciary duty of confidentiality owed to thedisclosing party, its Affiliates, its Subcontractors ( if applicable ), or anyof their Representatives;A.1.6.2The acquiring party lawfully possessed before acquiring it as a result ofthis Agreement;A.1.6.3Is or becomes available to the acquiring party on a non - confidentialbasis from a third person that is not bound by any contractual, legal, orfiduciary duty of confidentiality to the disclosing party, to its Affiliates, or to the Representatives of the disclosing party or its Affiliates ; orA.1.6.4Is independently developed by Representatives of the acquiring partywithout the benefit or use of disclosing party ’s Confidential Information