definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer or other form, provided by one Party ( the ) to the other Party ( the ) pu rsuant to this Agreement or generated pursuant to this Agreement, including but not limited to, information relating to the Disclosing Party 's existing or proposed research, development efforts, patent applications, business or products and any other mater ials that have not been made available by the Disclosing Party to the general public . The terms of this Agreement shall also be deemed Confidential Information hereunder, -2- < PAGE > except to the extent disclosed pursuant to Section 7.5 herein . Notwithstanding the foregoing sentences, Confidential Information shall not include any information or materials that : ( a ) were already known to the Receiving Party ( other than under an obligation of confidentialit y known to the Receiving Party ), at the time of disclosure by the Disclosing Party to the extent such Receiving Party has documentary evidence to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at th e time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure or development, as the case may be, and other than through any act or omission of a Party in breach of such Party 's confidentiality obligations under this Agreement ; ( d ) were subsequently lawfully disclosed to the Receiving Party by a Third Party who, to the Knowledge of the Receiving Party, 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 without the use of the Confidential Information belonging to the Disclosing Party and the Receiving Party has documentary evidence to that effect ; or ( f ) is approved for release by the Disclosing Party in writing