definiens: means all information and data, regardless of form, including a formula, pattern, compilation, program, method, technique, process, inventory, biological material, chemical, physical material, genesequence, amino acid sequence, chemical structure or activity, design, prototype, drawings, samples, source code, business plan, business opportunity, customer or personnel list, or financial statement proprietary to a Party or itsAffiliate, except any portion thereof which : ( i ) is known to the receiving Party prior to receipt from the disclosing Party, asestablished by contemporaneously created written records ; ( ii ) is disclosed to the receiving Party by a third party, as evidenced by the receivingParty ’s contemporaneously created written records, who is under no obligation of confidentiality to thedisclosing Party with respect to such information and who otherwise has a right to make such disclosure ; ( iii ) is or becomes published, as evidenced by a written version thereof, or generallyknown in the trade through no fault of the receiving Party ; or ( iv ) is independently developed by the receiving Party, without resort to the disclosingParty ’s Confidential Information, by persons having no access thereto, as evidenced by the receiving Party’scontemporaneously created written records