definiens: shall mean in the case of [COMPANY], [COMPANY] Technology provided byReceptos, all Program reports ( whether oral or in writing ) provided by [COMPANY], and the terms of this Agreement, togetherwith any other proprietary or confidential information of [COMPANY] related to [COMPANY] Technology provided by Receptos;and in the case of Company, any proprietary or confidential information of Company made available to [COMPANY] for thepurposes described in this Agreement ; and, in each case, which is owned or controlled by the applicable party hereto or any ofits Affiliates and is related to the subject matter of this Agreement and that is made available by the applicable party or itsAffiliates to the other party or its Affiliates pursuant to this Agreement ( or the Confidentiality Agreement ) or generatedpursuant to this Agreement . Confidential Information will be deemed not to include : ( a ) information which is or becomes part of the public domain through no breach of thisAgreement by the recipient or any of its Affiliates ; ( b ) information which the recipient can demonstrate by its written records was known by therecipient or any of its Affiliates prior to the disclosure thereof by the disclosing party ; ( c ) information which is independently developed by the recipient or any of its Affiliates, solong as such development does not result from use of Confidential Information of the other party, and such independentdevelopment can be demonstrated by written records of the party claiming such independent development or any of itsAffiliates ; and ( d ) information that becomes available to the receiving party or its Affiliates on a non - confidential basis, whether directly or indirectly, from a Third Party who has the right to make such disclosure