definiens: shall mean all information or materials possessed or developed by any Party or their respectiveAffiliates, whether before or after the Effective Date, related to such Party ’s or its Affiliates ’ business, including themanufacture, Development and/or Commercialization of any pharmaceutical products hereunder, including any informationor materials on substances, formulations, techniques, technology, equipment, data, reports, Know - How, sources for andmethods of supply, patent position and business plans ; provided, however, that Confidential Information shall not includeinformation or material that ( i ) is already in the receiving Party ’s or its Affiliate ’s lawful possession at the time of disclosureby the disclosing Party, as established by relevant documentary evidence ; ( ii ) is already in the public domain as of theEffective Date by reason of prior publication or otherwise ; ( iii ) is received by a receiving Party or an Affiliate thereof on anunrestricted basis from a Third Party other than the disclosing Party, where such Third Party is authorized to disclose suchinformation ; ( iv ) becomes part of the public domain after the Effective Date through no act, omission or fault of the receivingParty ; or ( v ) is similar in nature to the purported confidential information but which the receiving Party can demonstrate hasbeen independently created, as established by relevant documentary evidence