definiens: of a Party means all secret, confidential or propr ietary information or data, including any and all information exchanged b etween the Parties under the Confidentiality Agreem ent, whether provided in written, oral, graphic, video, computer or other form, provided by such Party ( the ) to any other Party ( the ) ( including information generated by or on behalf of such Party pursuant to this Agreement and disclosed to any other Party ), which may include information relating to the Disclosing Party ’s exis ting or proposed research, development efforts, pat ent applications, business or products and any other ma terials that have not been made available by the Di sclosing Party to the general public . The terms of this Agre ement shall also be deemed Confidential Information of each Party, except to the extent disclosed pursuant to A RTICLE 10 herein . Notwithstanding the foregoing sen tences, the term shall not inclu de any information or materials that the Receiving Party can demonstrate : ( a ) were already known to the Receiving Party ( other th an under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party to t he extent such Receiving Party has documentary evid ence to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or otherwi se part of the public domain after its disclosure or development, as the case may be, and other than through any act or omission of the Recei ving Party in breach of its confidentiality obligations under this Agreement ; ( d ) were subsequently lawfully disclosed to the Receivi ng Party by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others ; ( e ) were independently discovered or developed by or on behalf of the Receiving Party by persons who had no access to and without the use of the Con fidential Information belonging to the other Party and the Receiving Party has documentary evidence to that ef fect ; or ( f ) is approved for release by the Disclosing Party in writing