definiens: means any and all information, data and material including all scientific, preclinical, clinical, regulatory, manufacturing, marketing, financial and commercial information, data, and material, including patent applications, whether communicated in writing or orally or by any other method, which is provided by [COMPANY] to [COMPANY] in connection with this Agreement, including any such information, data or materials disclosed by [ * ], and all tangible and intangible embodiments, of any kind, of such information . Notwithstanding the foregoing, the obligations of [COMPANY] under this Agreement with respect to [COMPANY] Confidential Information shall not apply to any information which [COMPANY] can establish by competent proof ( a ) to be publicly known at or after the tim e of [COMPANY] ’s disclosure without fault by [COMPANY] ; ( b ) to have been received by [COMPANY] at any time from a source other than [COMPANY], where such source is not under an obligation of confidentiality to [COMPANY] ; ( c ) to have been otherwise known by [COMPANY] befo re disclosure by [COMPANY] ; or ( d ) to have been developed independently by [COMPANY] or any of its Affiliates or any of their respective employees, consultants or agents without knowledge of any relevant Confidential Information of [COMPANY] . In addition to the for egoing, the Parties acknowledge and agree that the fact that [COMPANY] [ * ]