definiens: means all secret, confidential or proprietary information or data, whether providedin written, oral, graphic, video, computer or other form, provided by one Party ( the ) to the otherParty ( the ) pursuant to this Agreement or generated pursuant to this Agreement, including but notlimited to, information relating to the Disclosing Party ’s existing or proposed research, development efforts, patentapplications, business or products, the terms of this Agreement and any other materials that have not been madeavailable by the Disclosing Party to the general public . Notwithstanding the foregoing sentence, ConfidentialInformation shall not include any information or materials that : 1.13.1 were already known to the Receiving Party ( other than under an obligation of confidentiality ), at thetime of disclosure by the Disclosing Party to the extent such Receiving Party has documentary evidence to thateffect ; 1.13.2 were generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the Receiving Party ; 21.13.3 became generally available to the public or otherwise part of the public domain after its disclosure ordevelopment, as the case may be, and other than through any act or omission of a Party in breach of such Party’sconfidentiality obligations under this Agreement ; 1.13.4 were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who hadno obligation to the Disclosing Party not to disclose such information to others ; or 1.13.5 were independently discovered or developed by or on behalf of the Receiving Party without the use ofthe Confidential Information belonging to the other Party and the Receiving Party has documentary evidence to thateffect