definiens: shall mean all information and materials received directly or indirectly by one Partyfrom the other Party in connection with the negotiation and performance of the Agreement ( including but notlimited to those exchanged during Strategic Committee meetings and/or Operational Committee meetings ), aswell as all of the terms and conditions thereof . Product - Related Results and GenSight ’s Pre - Existing Know - How shall be deemed to be GenSight ’s Confidential Information . Process - Related Results and [COMPANY] ’s Pre - Existing Know - How shall be deemed to be [COMPANY] ’s Confidential Information . Notwithstanding the foregoing, does not include any information or materials disclosed to the Receiving Party by theDisclosing Party, which the Receiving Party demonstrates by means of written evidence that ( i ) was alreadyrightfully known to the Receiving Party at the time of its receipt hereunder as shown by contemporaneousdocuments in the Receiving Party ’s files ; ( ii ) is or becomes generally available to the public other than bymeans of the receiving Party ’s breach of its obligations under this Agreement ; ( iii ) is independently obtainedfrom a third party whose disclosure violates no duty of confidentiality ; or ( iv ) is independently developed by oron behalf of the Receiving Party as shown by contemporaneous documents in receiving Party ’s files withoutuse of or reliance on any Confidential Information