definiens: shall mean any technical, scientific or business information furnished by or on behalf of one Patty or its Affiliates ( the ) to the other Palty or its Affiliates ( the ) in connection with this Agreement or the activities contemplated hereunder, regardless of whether such information is specifically designated as confidential and regardless of whether such information is in oral, written, electronic or other form . The terms of this Agreement shall be considered Confidential Information of both Parties, subject to the provisions of this Article VI . Confidential Information shall not include information that : ( a ) is generally available in the public domain or thereafter becomes available to the public through no act of the Receiving Party ; or ( b ) was independently known to the Receiving Party prior to receipt thereof or was discovered independently by an employee of the Receiving Party who had no access to the information supplied by or on behalf of the Disclosing Party ; or ( c ) was made available to the Receiving Palty as a matter of lawful right by a Third Party who had no obligations of confidentiality to the Disclosing Party