definiens: shall mean any and all information, data or know - how ( including Kn ow - How ), whether technical or non - technical, oral or w ritten, that is disclosed by one Party or its Affil iates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, data or know - how that : ( a ) was generally available to the public at the ti me of disclosure, or becomes available to the publi c after disclosure by the Disclosing Party other than throu gh fault ( whether by action or inaction ) of the Receiving Party or its Affiliates, ( b ) can be evidenced by written records to have bee n already known to the Receiving Party or its Affiliates prior to its receipt from the Disclosing Party, [ * * * ] Certain information in this document has been excluded pursuant to Regulation S - K, Item 601(b)(1 0 )