definiens: means all technology, formulations, materials, samples, prototypes, processes, data, know - how and all other information or data, whether written or oral, technical or non - technical, including, without limitation, BIAL Know - How, SEPRACOR Know - How, Commercialization Plans, Development Plans, BIAL Protocols, financial statements, reports, pricing, trade secrets, secret processes, formulas, customer data ( including customer lists ), business information, business methods, business plans, and pricing, cost, supplier and manufacturing information, that is disclosed by or on behalf of either Party ( including by or on behalf of or through a parent, subsidiary, Affiliate, contractor, licensee or sublicensee ) to or for the benefit of the other Party ( including by or on behalf of or through a parent, subsidiary, Affiliate, contractor, licensee or sublicensee ) in the performance of this Agreement or the Supply Agreement . The term does not include any such items for which the receiving Party can show by competent written proof or other reasonable support that such item : ( a ) was known to and existed in documentary or other physical form III the possession of the receiving Party at the time of disclosure ; ( b ) subsequent to the receipt hereunder, is made available to the receiving Party by a Third Party which is legally entitled to make such information available ; ( c ) was or becomes publicly known through no fault of the receiving Party ; or 45 USlDOCS 6529977v2 ( d ) is independently developed by the receiving Party without access to Confidential Infonnation disclosed hereunder