definiens: means any information concerning this Agreementor the Parties ’ respective rights and obligations hereunder, including trade secrets, business methods, cost, manufacturing and customer information and information relating to the Patent Rights and the Know - How in thepossession of or furnished to a Party by the other Party ; provided that, the term does notinclude information to the extent that it ( i ) is or becomes generally available to the public other than as a result of adisclosure by a Party or its partners, directors, officers, employees, agents, counsel, investment advisers orrepresentatives ( all such persons being collectively referred to as ) in violation of this Agreement orany of the Transaction Agreements, ( ii ) is or was available to such Party on a non - confidential basis ( as demonstratedby the written records of such Party ) prior to its disclosure to such Party by the other Party or ( iii ) was or becomesavailable to such Party on a non - confidential basis from a source other than the other Party, which source is or was(at the time of receipt of the relevant information ) not, to the best of such Party ’s knowledge, bound by aconfidentiality agreement with ( or other confidentiality obligation to ) the other Party or another Person