definiens: shall mean this Agreement and any and all technical data, information, materials and other know - how, including trade secrets, presently owned by ordeveloped by, on behalf of, either Party and/or its Affiliates during the Term ( as hereinafterdefined ) which relates to a Product, its development, manufacture, promotion, marketing, distribution, sale or use and any and all financial data and information relating to thebusiness of either of the Parties and/or of their Affiliates, which a Party and/or its Affiliatesdiscloses to the other Party and/or its Affiliates in writing and identifies as beingconfidential, or if disclosed orally, visually or through some other media, is identified asconfidential at the time of disclosure and is summarized in writing within thirty ( 30 ) days ofsuch disclosure and identified as confidential, except any portion thereof which : ( a)is known to the receiving Party and/or its Affiliates at the time of the disclosure, asevidenced by its written records ; ( b)is disclosed to the receiving Party and/or its Affiliates by a Third Party having a rightto make such disclosure ; ( c)becomes patented, published or otherwise part of the public domain through nofault of the receiving Party and/or its Affiliates ; or ( d)is independently developed by or for the receiving Party and/or its Affiliates withoutuse of Confidential Information disclosed hereunder, as evidenced by its writtenrecords