definiens: shall mean the present agreeme nt together with its Annexes ; shall mean a day that is no t a Saturday, Sunday or public holiday in Belgium means all : ( a ) know - how, trade secrets, ideas, marketing strat egies, concepts, technical and operational information owned or used by the Se ller or the Purchaser ( as the case may be ) ; ( b ) information concerning the affairs or Products or any business, property or transaction in which the Seller or the Purchaser ( a s the case may be ) may be or may have been concerned or interested ; ( c ) information about the terms of this Agreement ( d ) information labeled by either party as confiden tial, and any information which, by its nature or by the circumstances of its disclosure, is or could reasonably be expe cted to be regarded as confidential to : ( a ) the Seller or the Purchaser ( as the case may be ) ; or ( b ) any third party with whose consent or approval the Seller or the Purchaser uses that information ; but does not include any information ( a ) which is or becomes part of the public domain o ther than by reason of a breach of the terms of this Agreement or ( b ) which at the time of the disclosure is in posse ssion of the disclosed party ; or ( c ) which after the disclosure is developed indepen dently of Confidential Information disclosed by the other party