definiens: means ( a ) any and all conﬁdential or proprietary information and data, including scientiﬁc, pre‑clinical, clinical, regulatory, manufacturing, marketing, financial and commercial information or data, unpublished patentapplications and information related thereto and set forth therein, in each case, that is or has been provided or madeavailable by or on behalf of one Party ( the with respect to such information ) to the other Party ( the with respect to such information ) in connection with this Agreement or any related negotiations, discussions, or diligence, whether communicated in writing or orally or by any other method, and ( b ) the terms of thisAgreement . Notwithstanding the foregoing, excludes any information that the receiving Party canshow by competent evidence ( i ) is known by the receiving Party at the time of its receipt, and not through a prior disclosureby the disclosing Party, as documented by the receiving Party ’s business records ; ( ii ) is known to the public before itsreceipt from the disclosing Party, or thereafter becomes generally known to the public through no breach of this Agreementby the receiving Party ; ( iii ) is subsequently disclosed to the receiving Party without obligation of conﬁdentiality by a ThirdParty who has rightfully obtained such information and who is not under an obligation of conﬁdentiality or other contractualobligation with respect to such information ; or ( iv ) is developed by the receiving Party independently of ConﬁdentialInformation received from the disclosing Party, as documented by the receiving Party ’s business records