definiens: means any information of a confidential or proprietary nature disclosed by aParty or its Affiliates ( the 3[CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT . EACHSUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [ * * * ], HAS BEENFILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION . ] ) to the other Party or its Affiliates ( the ), including but not limited to each Party ’s or its Affiliates ’ inventiondisclosures, proprietary materials, data, including any Data, know - how, including any Know - How, technologies, trade secrets, and/or manufacturing, marketing, personnel and other business information and plans, whether inoral, written, graphic or electronic form . Information shall not be deemed hereunder, and the Receiving Party shall have noobligation with respect to any information if it is : ( i ) known by the Receiving Party prior to disclosure by the Disclosing Party, as evidenced by internal records or documentation of the Receiving Party ; or ( ii ) information which is in the public domain or subsequently enters thepublic domain through no fault of the Receiving Party ; or ( iii ) information that is received by the Receiving Party from an independentThird Party with the lawful right to disclose ; or ( iv ) information that the Receiving Party can establish was independentlydeveloped by its ( or its Affiliates ’ ) employees or contractors without the useof or reference to Confidential Information of the Disclosing Party