definiens: means any data, research, development, manufacturing, marketing, financial, personnel, sales, business, and other non - public, proprietary or technical information provided by the disclosing Party to the Recipient, including without limitation all Product Data ( which shall be considered [COMPANY] ' Confidential Information even if generated or provided by [COMPANY] ), except any portion of such information that : ( a ) is or becomes generally available to the public or within the industry to which such information relates, other than as a result of a breach of this Agreement ; or ( b ) is known by Recipient at the time of receipt of the disclosing Party 's information, as evidenced by Recipient 's contemporaneous written records ; or ( c ) is provided to Recipient on a non - confidential basis by a third party who has the legal right to make such disclosure ; or 2 4097647_5 ( d ) was or is independently developed by or for Recipient without access to or use of the information of the disclosing Party, as evidenced by Recipient 's contemporaneous written records