definiens: shall mean any proprietary and valuable technical, scientific or business infonnation, which the Disclosing Party ( as defined below ) has taken reasonable measures to protect, furnished by or on behalf of one Party or its Affiliates ( the ) to the other Party or its Affiliates ( the ) in connection with this Agreement or the activities contemplated hereunder, regardless of whether such infonnation is specifically designated as confidential and regardless of whether such infonnation is in oral, written, electronic or other fonn . Notwithstanding the foregoing or any 1 - 18 other provision of this Article IX, the Developments shall be considered the Confidential Information of both Pmiies, and the terms of this Agreement shall be considered Confidential Information of both Parties, in each case subject to the provisions of this Article IX and Section 13.6 . Confidential Infonnation shall not include information that : ( a ) is in the public domain or thereafter becomes available to the public through no act of the Receiving Party ; or ( b ) was independently known to the Receiving Party prior to receipt thereof or was discovered independently outside the scope of this Agreement by an employee of the Receiving Party who had no access to the information supplied by or on behalf of the Disclosing Pmiy ; or ( c ) was made available to the Receiving Party as a matter of lawful right by a Third Party who had no obligations of confidentiality to the Disclosing Party