definiens: which means and refers to any information disclosed by the Disclosing Party ( defined below ) t o the Recipient ( defined below ), whether disclosed in oral, written, electronic, or visual form, that is non - pu blic, confidential, or proprietary, including, with out limitation, information relating to the Disclosing Party ’s patents, patent application, trademark appl ications, process designs, process models, drawings, plans, d esigns, data, databases ( and extracts therefrom ), f ormulae, methods, know - how, and other Intellectual Property of any form or nature, its respective clients or cl ient confidential information, its business, strategies, finances, marketing, products and processes and al l price quotations, pricing, manufacturing or professional services proposals, information relating to composi tion, proprietary technology, and all other information r elating to manufacturing capabilities and operation s. In addition, all analyses, compilations, studies, repo rts, or other documents prepared by any Party ’s representatives containing Confidential Information will be considered Confidential Information . Sampl es or Materials provided hereunder, as well as any and al l information derived from the analysis of samples or Materials, will also constitute Confidential Inform ation . For the purposes of this Article 8, a Party or its Representative receiving Confidential Information u nder this Agreement is a and a Party o r its Representative disclosing Confidential Information under this Agreement is the Confidential Information does not include informati on that ( i ) is or becomes publicly available throug h no fault of Recipient ; ( ii ) is already independently k nown to the Recipient, as evidenced by the Receivin g Party ’s contemporaneous written records or by other reliable evidence ; ( iii ) is disclosed to Recipient on a non - confidential basis by a third party with the le gal right to do so ; or ( iv ) is developed by Recipie nt independently from and without use of the Disclosin g Party ’s Confidential Information, as evidenced by the Receiving Party ’s contemporaneous written records o r by other reliable evidence