definiens: means all secret, confidential or proprietary inf ormation or data of a Party or any of its Affiliate s, whether provided in written, oral, graphic, video, computer, electronic or other form, provided pursua nt to this Agreement, or generated pursuant to this Agreement, by one Party or its Affiliate ( the ) to the other Party or its Affiliate ( the ), including but not limited to, information relat ing to the Disclosing Party ’s existing or proposed research, d evelopment efforts, patent applications, business o r proprietary formulations, compounds or other produc ts and any other information, data and materials ex pressly stated in this Agreement to be Confidential Informa tion of a Party . Notwithstanding the foregoing, Con fidential Information shall not include any information or ma terials that : ( a ) were already known to the Receiving Party ( othe r than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party, to the extent such Receiving Part y has documentary evidence to that effect existing prior to such disclosure ; ( b ) were generally available to the public or other wise part of the public domain at the time of disclosure thereof to the Receiving Party throug h no breach of this Agreement ; ( c ) became generally available to the public or oth erwise part of the public domain after disclosure or development thereof, as the case may be, and other than through any act or omission of t he Receiving Party in breach of such Party ’s confident iality obligations under this Agreement ; ( d ) were disclosed to the Receiving Party, other th an under an obligation of confidentiality, by a Third Party who had no obligation to the Discl osing Party not to disclose such information to oth ers ; or ( e ) were independently discovered or developed by o r on behalf of the Receiving Party without the use of the Confidential Information bel onging to the other Party, to the extent such Recei ving Party has documentary evidence to that effect