definiens: means, with respect to each Party, all Know - How or other information, including proprietaryinformation and materials ( whether or not patentable ) regarding or embodying such Party ’s technology, products, businessinformation or objectives, that is communicated by or on behalf of the Disclosing Party to the Receiving Party or its permittedrecipients, on or after the Effective Date . Confidential Information does not include any Know - How or other information that(a ) was already known by the Receiving Party ( other than under an obligation of confidentiality to the Disclosing Party ) at thetime of disclosure by or on behalf of the Disclosing Party, ( b ) was generally available to the public or otherwise part of thepublic domain at the time of its disclosure to the Receiving Party, ( c ) became generally available to the public or otherwisepart of the public domain after its disclosure to the Receiving Party, other than through any act or omission of the ReceivingParty in breach of its obligations under this Agreement, ( d ) was disclosed to the Receiving Party, other than under anobligation ofCERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . ACOMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIALTREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934