definiens: means ( a ) all technical and business information in cluding trade secrets or confidential or proprietary information or tangible materials of the disclosing Party or its Affiliate s provided or disclosed to the other Party or any of its Affiliat es pursuant to this Agreement, whether marked as co nfidential or not, and ( b ) the terms and conditions of this Agree ment ; provided, however, that Confidential Informat ion shall not include information that : ( i ) has been published by a Third Party or otherwis e is or hereafter becomes part of the public domain by public use, publication, general k nowledge or the like through no wrongful act, fault or negligence on the part of the receiving Party or it s Affiliates ; Portions of this Exhibit, indicated by the mark were omitted and have been filed separately w ith the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential treatment pursuant to Rule 406 of the Securities Ac t of 1933, as amended