definiens: means the financial terms of this Agreement ( other than the amount of theFunding ) and any scientific, technical, trade, business or financial information possessed, obtained by, developed foror given to the other Party which is treated by the disclosing Party as confidential or proprietary including, withoutlimitation, Proprietary Material, Development Program Results, research materials and developments, formulations, techniques, methodology, assay systems, formulae, procedures, tests, equipment, data, reports, know - how, sourcesof supply, patent positioning, relationships with consultants and employees, business plans and businessdevelopments, information concerning the existence, scope or activities of any research, development, manufacturing, marketing or other projects of either Party, and any other confidential or proprietary information aboutor belonging to either Party ’s 6suppliers, licensors, licensees, partners, affiliates, customers, potential customers or others . All information of aconfidential or proprietary nature supplied in written, electronic, oral or visual form pursuant to this Agreement shall beconsidered as being Confidential Information, whether or not marked as such . The following information shall not betreated as Confidential Information : information that, as evidenced by the receiving Party by written records, ( a ) is inthe public domain or is known by others in the Field at the time of disclosure ; ( b ) is in the possession of the receivingParty free of any obligation of confidentiality prior to the time of disclosure as evidenced by written records;(c ) subsequently becomes part of the public domain or becomes publicly known through no fault of the receivingParty ; ( d ) subsequently is received by the receiving Party without any obligation of confidentiality from a Third Partywho is free to disclose the information ; or ( e ) is independently developed by the receiving Party without the use of anyConfidential Information