definiens: means all non - public materials, information and data concerning the disclosing partyand its operations that is disclosed by the disclosing party to the receiving party pursuant to this Agreement, orally or inwritten, electronic or tangible form, or otherwise obtained by the receiving party through observation or examination of thedisclosing party ’s operations . Confidential Information includes, but is not limited to, information about the disclosing party’sfinancial condition and projections ; business, marketing or strategic plans ; sales information, customer lists ; price lists;databases ; trade secrets ; product prototypes and designs ; techniques, formulae, algorithms and other non - public processinformation . Notwithstanding the foregoing, Confidential Information of a party shall not include that portion of suchmaterials, information and data that, and only to the extent, the recipient can establish by written documentation : ( a ) is knownto the recipient as evidenced by its written records before receipt thereof from the disclosing party, ( b ) is disclosed to therecipient free of confidentiality obligations by a Third Party who has the right to make such disclosure without obligations ofconfidentiality, ( c ) is or becomes part of the public domain through no fault of the recipient, or ( d ) the recipient canreasonably establish is independently developed by persons on behalf of recipient without the use of the informationdisclosed by the disclosing party . The identity of the Designated Strengths ( as defined in Section 1.17 ) that are not alreadypart of the public domain shall be the Confidential Information of [COMPANY] until such time that the identity of suchDesignated Strength(s ) become a part of the public domain