definiens: mean s all discoveries, trade secrets, inventions ( whether or not patentable ), da ta, materials and information disclosed or provided by, or on behalf of, Genentec h to Lexicon or its designees in connection with this Agreement ( including, but n ot limited to, [COMPANY] Gene Patents and Know - How and Project Patents and Know - H ow ) other than Project Confidential Information, whether provided prior to, or after, the Effective Date and whether provided orally, electronically, v isually, or in writing, except such discoveries, trade secrets, inventions, data, materials or information that Lexicon can demonstrate, through i ts contemporaneous written records : ( i ) was known to Lexicon or to the publi c prior to [COMPANY] 's disclosure hereunder ; ( ii ) became known to the public, after Ge nentech 's disclosure hereunder, other than through an una uthorized act of Lexicon or of any person to whom Lexicon disclo sed such information ; ( iii ) was subsequently disclosed to Lexic on by a person having lawful possession of, and a legal right to disclose without any restrictions, such information ; or ( iv ) was developed by Lexicon without use, and independent, of [COMPANY] Confidential Information