definiens: means, with respect to each Party, all Know - How or other information, includingproprietary information and materials ( whether or not patentable ) regarding or embodying such Party ’s technology, products, business information or objectives, that is communicated by or on behalf of the Disclosing Party to theReceiving Party or its permitted recipients, on or after the Execution Date, but only to the extent that such Know - Howor other information in written form is marked or otherwise designated in writing as at the time ofdisclosure or within [ … * * * … ] thereafter, and such Know - How or other information disclosed orally or in non - tangibleform is ( a ) identified by the Disclosing Party as at the time of disclosure and ( b ) within [ … * * * … ] thereafter, the Disclosing Party provides a written summary of such Know - How or other information marked orotherwise designated in writing as Confidential Information does not include any Know - How or otherinformation that ( a ) was already known by the Receiving Party ( other than under an obligation of confidentiality to theDisclosing Party ) at the time of disclosure by or on behalf of the Disclosing Party, as evidenced by written records inthe possession of the Receiving Party, ( b ) was generally available to the public or otherwise part of the public domainat the time of its disclosure to the Receiving Party, ( c ) became generally available to the public or otherwise part ofthe public domain after its disclosure to the Receiving Party, other than through any act or omission of the ReceivingParty in breach of its obligations under this Agreement, ( d ) was disclosed to the Receiving Party, other than under anobligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose suchinformation to the Receiving Party, as evidenced by written records in the possession of the Receiving Party, or(e ) was independently discovered or developed by or on behalf of the Receiving Party without the use of anyConfidential Information belonging to the Disclosing Party, as evidenced by written records in the possession of theReceiving Party . The terms and conditions of this Agreement shall be considered Confidential Information of bothParties