definiens: means all information or data of a proprietary or confidentialnature relating to the [COMPANY] Technology, Compound or Licensed Product as well as any other information, includingproprietary information and materials, regarding the business, operations, research, Technology and the supply, Manufacture, Development and Commercialization activities of [COMPANY], whether in oral, written, graphic, machine - readable form, or any other form, ( provided that data and information disclosed orally or visually are confirmed inwriting by [COMPANY] within thirty ( 30 ) days after the date of such disclosure ), disclosed and/or made available by or onbehalf of [COMPANY] to Chiesi, Chiesi ’s Affiliates, and its and their respective directors, officers, employees, consultants, contractors and agents or otherwise acquired by any such Persons as a result of or in connection with this Agreementand / or the Parties ’ discussions ( whether prior to the execution hereof or thereafter ) . Notwithstanding the foregoing, unmarked information and un - confirmed information will be considered [COMPANY] Confidential Information under thisAgreement if a reasonable person familiar with the Licensed Product and given the nature of information and thecircumstances of disclosure would consider such information to be confidential . Such information shall not beconsidered to be [COMPANY] Confidential Information to the extent that such information is : ( a ) as of the date ofdisclosure known to Chiesi or its Affiliates, as demonstrable in any tangible medium in existence at the time ofdisclosure ; or ( b ) wholly disclosed in published literature, or otherwise is or becomes generally known to the publicthrough no breach by Chiesi of this Agreement ; or ( c ) obtained by Chiesi or its Affiliates from a Third Party free fromany obligation of confidentiality to [COMPANY] ; or ( d ) independently developed by Chiesi or its Affiliates without use of orreference to the [COMPANY] Confidential Information