definiens: shall mean any proprietary, confidential or non - public information, including withoutlimitation information relating to products, End Users, suppliers, data, processes, prototypes, samples, plans, marketing plans, reports, forecasts, technical or commercial information, patents, patent applications, research, research results and other tradesecrets, strategies, Know - How ( as hereinafter defined ) or intellectual property rights disclosed in writing by one Party to theother Party under this Agreement, as well as information disclosed orally and disclosed to be at thetime of disclosure, to the extent such oral disclosure is reduced to writing, marked and provided to the receivingParty within [ * ] after oral disclosure . shall not include any information which : ( a ) Is known to the receiving Party before receipt thereof under this Agreement, as evidenced by the receivingParty ’s written records ; ( b ) Is disclosed to the receiving Party without restriction by a Third Party ( as hereinafter defined ) not under anobligation of nondisclosure to the disclosing Party ; ( c ) Is or becomes part of the public domain other than through a breach of this Agreement by the receiving Party ; [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separatelywith the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, asamended