definiens: means information that is disclosed by one Party ( the ) to the other Party ( the ) in connection with this Agreement ( which may inc lude, without limitation, trade secrets, technology, information pertaining to business operations and strategies, a nd information pertaining to customers, pricing and ma rketing information ) or considered confidential und er the Confidentiality Agreement as well as all informatio n provided in the data room by [COMPANY] as of the Eff ective Date . Confidential Information does not include inf ormation that : ( a ) was already known to the Receivi ng Party prior to disclosure by the Disclosing Party ; ( b ) is independently developed by the Receiving Party ; ( c ) was or becomes generally known by the public other than as a result of a breach of this Agreement or the Confidentiality Agreement by the Receiving Party ; o r ( d ) was received by the Receiving Party from a Th ird Party who was not, at the time of disclosure, under any obligation to the Disclosing Party or any of i ts Affiliates to maintain the confidentiality of such information