definiens: means any and all inform ation and data, including without limitation all scientific, preclinical, clinical, r egulatory, manufacturing, marketing, financial and commercial information and data, whether commun icated in writing or orally or by any other method, which is provided by one party to the other party in connection with this Agreement, unless such information ( a ) was already known to the receiving Party, other than under an obligation of confidentiality or non - use, at the time of disclosure to such receiving Party ; ( b ) is properly in the public domain ; ( c ) be came generally available or known to parties reasonably skilled in the field to which such infor mation or know - how pertains, or otherwise became part of the public domain, after its disclos ure to such receiving Party through no fault of the receiving Party ; was independently discovere d or developed prior to disclosure by such receiving Party, as evidenced by their written reco rds, without the use of Confidential Information belonging to the Party that Controls su ch information and know - how