definiens: means any technical, business or other information of the Disclosing Party that is disclos ed or otherwise made available to the other Party i n connection with this Agreement or was disclosed pursuant to th e Prior CDA, including any Know - How ( including the [ * * * ] ) or other information relating to the terms of this Agreement ( subject to Section 7.2(iii ), Section 7.4 and Section 8.6(v ) ), information relating to the Licens ed Compound or any Licensed Product ( including the Regulatory Documentation ), any of the [COMPANY] Int ellectual Property, any Know - How or the scientific, regulatory or business affairs or other activities of either Party . Notwithstanding the foregoing, the confidentiality and non - use obligations under this Section 7.1 with respect to any Confidential Inform ation of the Disclosing Party shall not include any information that the Receiving Party can demonstrate by documen tation or other competent evidence : ( i ) is or hereafter becomes part of the public domain b y public use, publication, general knowledge or the like through no breach of this Agreement by the Receiving Party ; ( ii ) was in the Receiving Party ’s possession prior to di sclosure by the Disclosing Party without any obligation of confidentiality with respect to such information ; ( iii ) is subsequently received by the Receiving Party fro m a Third Party who is not bound by any obligation of confidentiality with respect to such information ; ( iv ) has been published by a Third Party or otherwise en ters the public domain through no fault of the Receiving Party in breach of this Agreement ; or ( v ) was independently developed by or for the Receiving Party without reference to the Disclosing Party ’s Confidential Information