definiens: will mean any confidential or proprietaryinformation of the disclosing Party or any Affiliate thereof, including but not limited to, information which relates to pricing, marketing strategy, designs, methods, discoveries, improvements, documents, trade secrets, proprietary rights, business affairs, customerinformation or employee information of such disclosing Party or its Affiliate . In addition to andwithout limiting the generality of the foregoing, the Confidential Information of Transgenomicincludes all information and materials in connection with the Tests . Confidential Informationwill not include any information to the extent that it:(a ) was known to the receiving Party prior to the date of this Agreement, without anobligation to keep it confidential;(b ) was lawfully obtained by the receiving Party from a third party without any obligationof confidentiality;(c ) is, at the time of disclosure, in the public knowledge;(d ) becomes part of the public knowledge after disclosure by publication or otherwiseexcept by breach of this Agreement;(e ) is developed by the receiving Party independently and apart from this Agreement ; or39 * Confidential Treatment Requested(f ) is knowledge possessed by the receiving Party or its employees as the result of theirindustry experience or education