definiens: means infonnation concerning the business, methods, products, strategies, operations, prospects . systems, plans, policies, relationships with eustomeTS, supplicrs, distributors and other agents, and other sensitive, non - public information of either Party or its Affiliates . The term shall not include information that ( i ) is or becomes generally availahle to the public other than as a result of a di ~ clo ~ ure by the PMty, ~lLhjeclt ( ) the obligation of confidentiality wilh re ~ pect to such in i(lrmalion ( the ), or the repr ~ sentatjve~ or Alliliales of such Party, in breach of this Agreement, the Confidentiality Agreement or any other confidentiality agreement, or any fiduciary duty or other obligation of secrecy in favor of the other Party and/or its Affiliates ; Oi ) is or becomcs available to thc Receiving Party on a non - confidential basis from a source othcr than the other Parly OT it~ representatives or Affiliates, provided, that the Receiving Party believe~ that such source is not hound by a ~onlid"ment with, and does not have a lidl.lciary duty or any other obligation of secrecy to other Pal1y or another Pen;on with respect to 5uch information : ( iii ) was rightfully in the possession of the Receiving PMty or any of its Affiliatcs prior to receipt from the other Party or its representative s or Affiliatcs, other than through prior disclosure by an ) ' llrthem ; OT ( iv ) is discover ~ d or developed by the Receiving Party or any of its Afliliates independ ently of any use oftlle other Party 's Confidential Infornlation, means that certain Confidentiali ty Av : ccmcnt, datcd as of March 14, 2003, betwcGn Buyer and Sellcr