definiens: means any information disclosed by a Party ( the ) to the other Party ( the ), including, without limitation, trade secrets, d ocuments expressly designated as confidential, information related to either Party ’s design, drawings, development or man ufacturing processes, products, devices, employees, facilities, equipment, security systems, information systems, finances, product plans, marketing plans, suppliers, or distr ibutors and all confidential regulatory application s, regulatory and clinical materials and related filings, applica tions and data, the content of any unpublished pate nt applications, operating methods and procedures, marketing, manufa cturing, distribution and sales methods and systems, sales figures, pricing policies and price lists and other business information and shall include all confide ntial information disclosed or accessed by the Parties pursuant to th e provisions of this Agreement . shall not include information that ( a ) is now available o r becomes available to the public without breach of this Agreement ; ( b ) is explicitly approved for release b y written authorization of the Disclosing Party ; ( c ) is lawfully obtained from a third party or parties without a du ty of confidentiality ; ( d ) is known to the Receivin g Party prior to disclosure as evidenced by prior written records ; or ( e ) is at any time developed by or for the Rec eiving Party independently of any such disclosure(s ) from the Di sclosing Party