definiens: shall mean, with respect to a Party, all secret, confidential or proprietar y information or data, whether provided in writing, o rally, graphically, electronically or other form, p rovided by such Party ( the ) to the other Pa rty ( the ), which may include with out limitation information relating to the Disclosing P arty ’s existing or proposed research, development e fforts, patent applications, business or products and any o ther materials that have not been made available by the Disclosing Party to the general public . Notwithstan ding the foregoing, the term shall not include any information or materials that the R eceiving Party can demonstrate by documentary evide nce : ( a ) were already known to the Receiving Party ( othe r than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party ; - 3 - ( b ) were generally available to the public or other wise part of the public domain at the time of their disclosure to the Receiving Party ; ( c ) became generally available to the public or oth erwise part of the public domain after their disclo sure, other than through any act or omission of the Recei ving Party in breach of its confidentiality obligat ions under this Agreement ; ( d ) were subsequently lawfully disclosed to the Rec eiving Party by a Third Party who had no obligation to the Disclosing Party not to disclose such informati on to others ; ( e ) were independently discovered or developed by o r on behalf of the Receiving Party by individuals w ho had no access to and without the use of the Confide ntial Information belonging to the Disclosing Party ; or ( f ) is approved for general release by the Disclosi ng Party in writing