definiens: means allsecret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer, electronic or other form, provided pursuant to this Agreement by one Party ( the ) to the other Party(the ), including information relating to the Disclosing Party ’s existing or proposed research, development efforts, Know - How, Development Data, patent applications, business or products, and any othermaterials that have not been made available by the Disclosing Party to the general public . Notwithstanding theforegoing sentence, Confidential Information shall not include any information or materials that:(a ) were already known to the Receiving Party ( other than under an obligation of confidentiality ), at thetime of disclosure by the Disclosing Party, to the extent such Receiving Party has documentary evidence to thateffect;(b ) were generally available to the public or otherwise part of the public domain at the time ofdisclosure thereof to the Receiving Party;(c ) became generally available to the public or otherwise part of the public domain after disclosure ordevelopment thereof, as the case may be, and other than through any act or omission of a Party in breach of suchParty ’s confidentiality obligations under this Agreement;(d ) were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party whohad no obligation to the Disclosing Party not to disclose such information to others ; or(e ) were independently discovered or developed by or on behalf of the Receiving Party without the useofthe Confidential Information belonging to the other Party, to the extent such Receiving Party has documentaryevidence to that effect