definiens: means all Intellectual Property and conﬁdential facts relating to the business and affairs of a Party or any of its Affiliates, including ﬁnancial information, business opportunities, information relating to pharmaceutical products of any nature whatsoever, know- how . and compilations of information in any form whatsoever ; provided, however, that shall not include any information that ( a ) was already in the public domain at the time of disclosure ; ( b ) becomes part of the public domain through no action or omission of the receiving Party after disclosure to the receiving Party ; ( c ) was already known to the receiving Party, other than under an obligation of confidentiality to the disclosing party, at the time of the disclosure by the other Party ; ( d ) was independently discovered or developed by the receiving Party without the use of Confidential Information belonging to the disclosing Party as shown by pre - existing proof, or ( e ) was disclosed to the receiving Party, other than under an obligation of conﬁdentiality to which a Third Party was subject, by a Third Party who had no obligation to the disclosing Party not to disclose such information to others, as shown by independent proof