definiens: means the terms of this Confidential Settlement Agreement Page 12 of 28 EXECUTION VERSION Settlement Agreement and any information furnished in connection with this Settlement Agreement, inclu ding without limitation any and all know - how, trade secr ets, formulae, data, inventions, technology and oth er information, including manufacturing techniques, pr ocesses, trade and financial information, related t o the manufacture, use, sale or marketing of any products that are the subject of this Settlement Agreement, currently in the possession of, or developed during the term of the Settlement Agreement by [COMPANY], Plaintiff or an y of their respective Affiliates . The restrictions of this Sec tion shall not apply to any Confidential Informatio n which ( i ) is already known to the recipient at the time of discl osure, as reasonably documented by written records ; ( ii ) is or later becomes public knowledge through no fault of the recipient ; ( iii ) is received from a Third Party having the lawful right to disclose the information ; or ( iv ) i s independently developed by employees of the recip ient without access to the disclosing Party ’s Confidential Infor mation