definiens: means any confidential infonnation ( including, without limitation, infonnation related to the Genelabs Technology ) of a Party relating to any use, process, method, compound, research project, work in process, future development, scientific, engineering, manufacturing, marketing, business plan, financial or personnel matter relating to the disclosing Party, its present or future products, sales, suppliers, customers, employees, investors or business, whether in oral, written, graphic or electronic fonn . Confidential Infonnation shall not include any infonnation which the receiving Party can prove by competent evidence : ( 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 infonnation ; ( c ) is hereafter furnished to the receiving Party by a Third Party, as a matter of . right and without restriction on disclosure ; ( d ) is independently developed by the recelvmg Party without the aid, application or use of, the disclosing Party 's Confidential Infonnation ; or ( e ) is the su bj ect of a written pennission to disclose provided by the disclosing Party