definiens: shall mean all proprietary and confidential information of a Party, including, without limitation, trade secrets, technical information, business information, sales information, customer and potential customer lists and identities, product sales plans, sublicense agreements, inventions, developments, discoveries, software, know - how, methods, techniques, formulae, data, processes and other trade secrets and proprietary ideas, whether or not protectable under patent, trademark, copyright or other areas oflaw, that the other Party has access to or receives and which, if disclosed in writing, is marked as but does not include information that ( a ) is or becomes publicly available through no fault of the receiving Party ; ( b ) was already known to the receiving Party at the time it was disclosed to the receiving Party, as evidenced by written records of the receiving Party ; ( c ) is independently developed by or on behalf of the receiving Party without reference or access to such information, as evidenced by written records of the receiving Party ; or ( d ) is received from a Third Party who is under no obligation of confidentiality to the disclosing Party . ' 1.14 shall mean any 12 - month period beginning on the later of ( a ) 90 days after the Effective Date or ( b ) the datl,,0f availability of stability data for Samples as mutually agreed upon by the Parties t .. hre ~ onths at&0 ° C]andr75 % relative humidi!)D, or an anniversary thereof . ( The first Contract Year shall mean the'1ater 0~0 days afteifthe I - PHl1289160,1l 2 Effective Date or the availability date of stability data for Samples through the day prior to the first anniversary of such date ; the second Contract Year shall mean the first anniversary of such date through the day prior to the second anniversary of such date ; the third Contract Year shall mean the second anniversary of such date through the day prior to the third anniversary of such date, etc . )