definiens: means the Manufacturing Documentation and all technical and other information, whether patented or unpatented, relating to the [COMPANY] Proprietary Materials, the Manufacturing Process, the Technology and/or the Product, [COMPANY] processes, methods, operations, technologies, forecasts and business information, in the case of each of the for ~ going that ( a ) are disclosed or supplied to [COMPANY] by or - 7 -on behalf of [COMPANY] pursuant to this Agreement and/or the Quality Agreement, ( b ) [COMPANY] may first become aware through the presence of its employees or agents at [COMPANY] offices or facilities or at other facilities ( other than [COMPANY] 's facilities ) that manufacture the Product for [COMPANY] or ( c ) is [COMPANY] Data generated hereunder . The foregoing may include, without limitation, trade secrets, know - how, processes, concepts, experimental methods and results, business and scientific plans and information, designs, algorithms, software and facility layout and schematics . Notwithstanding the foregoing, shall not include any information that : ( i ) at the time of disclosure, is known publicly or thereafter becomes known publicly through no breach of this Agreement by [COMPANY], its Affiliates or agents ; ( ii ) becomes available to [COMPANY] from a Third Party which is not legally prohibited from disclosing such information, provided such information was not acquired directly or indirectly from [COMPANY] under obligations of confidentiality ; ( iii ) was developed by [COMPANY] independently of information obtained from [COMPANY] as evidenced by competent proof ; ( iv ) was already known to [COMPANY] before receipt from [COMPANY], as shown by competent proof, provided that such information was not acquired directly or indirectly from [COMPANY] under obligations of confidentiality ; or ( v ) is released with the prior written consent of [COMPANY] . In determining whether or not [COMPANY] 's Confidential Information has entered the public domain and is therefore no longer falls within the definition of [COMPANY] Confidential Information, only that portion of said [COMPANY] Confidential Information that has become public shall cease to be within the definition of [COMPANY] Confidential Information, and any information remaining confidential ( including, without limitation, the organization of such information, the existence of such public information within the [COMPANY] Confidential Information or information regarding the relationships between individual pieces of [COMPANY] Confidential Information and information that is in the public domain ) shall retain their status as [COMPANY] Confidential Information