definiens: . As used in this Agreement, means an y scientific, technical, trade or business informat ion which is given by one party or its Affiliates or their re spective employees or representatives to the other, either under a Confidentiality Agreement entered into by the parti es in anticipation of this Agreement or under this Agreement, and which is treated by the disclosing party as con fidential or proprietary or a trade secret, or is w hich is developed by one party for the other under the term s of this Agreement . Confidential Information of Manufacturer includes, but is not limited to, Manuf acturer Technology . Confidential Information of Rhy thm includes, but is not limited to, Rhythm Technology and Improvements . The restrictions of this Section 10.1 will not apply to any portion of the Confidential Inform ation which ( a ) is known to the recipient at the ti me of disclosure and is not subject to another confidenti ality obligation to the discloser or its Affiliates, as reasonably documented by recipient ’s written records ; ( b ) late r becomes public knowledge through no fault of the recipient ; ( c ) is received from a third party having the lawfu l right to disclose the information ; or ( d ) is inde pendently developed by or on behalf of recipient without use of or reliance upon discloser ’s Confidential Inform ation