definiens: — shall mean the existen ce and contents of this Agreement and any informati on, in whatever form, disclosed by a Party hereto, includi ng its Affiliates, ( the ) to the other Party hereto, including its Affiliates, ( the ) in connection with the performance or implem entation of this Agreement including, but not limited to, any a nd all documents expressly designated as confidenti al, and information related to the Compound, the Product, t he Know - how, the specifications, techniques, method s, processes, prices, marketing and customer informati on, projections, employees, facilities, equipment, security systems, information systems, finances, product pla ns, marketing plans, suppliers or distributors . Con fidential Information shall not include : ( i ) information which at the time of disclosure is in the public d omain ; ( ii ) information w hich after the time of disclosure becomes part of t he public domain, except by breach of this Agreement or by br each by any third party being under an obligation of confidentiality to the Disclosing Par ty which is known to the Receiving Party ; ( iii ) information whi ch is or was in the possession of the Receiving Par ty or its Affiliates at the time of disclosure by the Disclos ing Party and was not acquired directly or indirectly from the Disclosing Party or from any ot her party under an agreement of confidentiality to the Disclosing Party which is kn own to the Receiving Party ; and [ * * * ] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission