definiens: means any confidential information of a party, including information related to the [COMPANY] Technology, and any other information relating to any compound, research project, work in process, future development, scientific, engineering, manufacturin g, marketing, business plan, financial or personnel matter relating to such party, its present or future products, sales, suppliers, customers, employees, investors or business, whether in oral, written, graphic or electronic form . Confidential Information shall not include any information which the receiving party can prove by competent evidence : -1- < PAGE > 2 ( a ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available ; ( b ) is known by the receiving party at the time of receiving such information, as evidenced by its records ; ( c ) is hereafter furnished to the receiving party by a Third Party, as a matter of right and wi thout restriction on disclosure ; ( d ) is independently developed by the receiving party without knowledge of, and without the aid, application or use of, the disclosing party 's Confidential Information ; or ( e ) is the subject of a written per mission to disclose provided by the disclosing party