definiens: shall mean the financial terms of this Agreement ( other than the amount of the Funding ) and any scientific, technical, trade, business or financial information that may be given to the other Party by the disclosing Party and that is treated by the disclosing Par ty as confidential or proprietary, including, without limitation, Proprietary Material, Research Program Results, research materials and developments, formulations, techniques, methodology, assay systems, formulae, procedures, tests, equipment, data, repor ts, know -how, sources of supply, patent positioning, relationships with consultants and employees, business plans and business developments, information concerning the existence, scope or activities of any research, development, manufacturing, marketing or other projects of the disclosing Party, and any other confidential or proprietary information about or belonging to the disclosing Party ’s suppliers, licensors, licensees, partners, Affiliates, customers, potential customers or others, which the disclosin g Party provides to the receiving Party . Confidential Information shall also include all disclosed under the Confidentiality Agreement ( as defined therein ) . All such information of a confidential or proprietary nature 6 supplied by a Party in written, electronic, oral or visual form pursuant to this Agreement or the Confidentiality Agreement shall be considered as being Confidential Information of the disclosing Party, whether or not marked as such . The following information shall not be treated as Confidential Information of such Party : information ( a ) that is in the public domain or is generally known by others in the Field at the time of disclosure ; ( b ) that is in the possession of the receiving Party free of any obligatio n of confidentiality prior to the time of disclosure as evidenced by written records ; ( c ) that subsequently becomes part of the public domain or becomes publicly known through no fault of the receiving Party ; ( d ) that subsequently is received by the receiv ing Party without any obligation of confidentiality from a Third Party who is free to disclose the information ; or ( e ) that is independently developed by the receiving Party without the use of any of the disclosing Party ’s Confidential Information as evide nced by written records . Notwithstanding anything in this Agreement to the contrary, Research Program Inventions, Research Program Results and Deliverable Reports prior to their public disclosure shall be treated as Confidential Information solely of Compa ny with Company as the disclosing Party and LLS as the receiving Party, subject to the foregoing clauses ( a ) -(e )