definiens: shall mean all Corautus Product Data and any other data or information that is of value to CORAUTUS and is not generally known to competitors ofCORAUTUS . To the extent consistent with the foregoing, Confidential Information includes information or data that ( i ) concerns the operations, facilities, manufacturing, clinical trials, pre - clinical studies, regulatory affairs and compliance, protocols, bench work, assay development, methodology, pricing, plans, affairs and businesses of CORAUTUS and the financial affairs of CORAUTUS, ( ii ) constitutes trade secrets, or ( iii ) is marked confidential, restricted, proprietary or with a similar designation . Confidential Information also includes any information of the type described in this paragraph that CORAUTUS obtains from another Person that CORAUTUS or such other Person treats as proprietary or designates as confidential information, whether or not owned or developed by CORAUTUS or such other Person . Notwithstanding the foregoing, such term shall not include any materials or information ofthe types specified above to the extent that such materials or information : ( i ) are or become generally utilized by other Persons engaged in the same business or activities in which CORAUTUS utilized, developed or otherwise acquired such information or publicly known ; ( ii ) are known to CSEMC prior to receipt thereof and without any -2 -A TLANTA:4 752453.5 restrictions on disclosure in favor of CORAUTUS ; or ( iii ) are furnished to other Persons by CORAUTUS with no restriction on disclosure