definiens: means all proprietary discovelies, trade secrets, inventions ( whether or not patentable ), data, materials, and information disclosed or provided by, or on behalf of, Lexicon to [COMPANY] or its designees in connection with this Agreement ( including, but not limited to, Lexicon Knock - Out Technology ), other than Project Confidential Information, whether provided prior to, or after, the Effective Date and whether provided orally, electronically, visually, or in writing, except such discoveries, trade secrets, inventions, materials, data, or information that [COMPANY] can demonstrate, through its contemporaneous written records : ( i ) was known to [COMPANY] or to the public prior to Lexicon 's disclosure hereunder ; ( ii ) became known to the public, after Lexicon 's disclosure hereunder, other than through an unauthorized act of [COMPANY] or of any person to whom [COMPANY] disclosed such information ; ( iii ) was subsequently disclosed to [COMPANY] by a person having lawful possession of, and a legal right to disclose without any restrictions, such information ; or ( iv ) was developed by [COMPANY] without use, and independent, of Lexicon Confidential Information