definiens: means only ( a ) the [COMPANY] phannaceutical research and development facilities located in Lawrenceville, New Jersey, U.S.A. ; Hopewell, New U.S.A. ; W · Connecticut, U.S.A. ; Candiac, Quebec, Canada ; ( b ) 1 I - PH/1242735_1 1.4 means all commercial andlor technical information that has or could have commercial value or other utility in a Party 's business, or the unauthorized disclosure of which could be detrimental to the Party 's interests, including information, inventions, data and materials relating to the Licensed Patent Rights, and Know - how, and shall include, without limitation, research, technical, clinical development, manufacturing, marketing, financial, personnel and other business information and plans, whether in oral, written, graphic or electronic form, except to the extent that the Receiving Party can establish that such Confidential Information : ( a ) was already known to the Receiving Party, other than under an obligation of confidentiality to the Disclosing Party ; ( b ) was generally available to the public or otherwise part ofthe public domain at 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, and other than through any act or omission ofthe Receiving Party in breach ofthis Agreement ; ( d ) was subsequently lawfully disclosed to the Receiving Party by a Third Party ; ( e ) can be shown by written records to have been independently developed by or for the Receiving Party without reference to the Confidential Information received from the Disclosing Party, and without breach of any ofthe provisions ofthis Agreement ; or ( f ) the Disclosing Party has specifically agreed in writing that the Receiving Party may disclose such Confidential Information . For the purposes of this Agreement, the 3DP PERT shall be presumed to be 3DP 's Confidential Information, unless 3DP specifically identifies in writing one or more components of the 3DP PERT that it does not consider to be its Confidential Information