definiens: means all secret, confidential or proprietary information, data or Know - How ( includingGSK Know - How and Theravance Know - How ) whether provided in written, oral, graphic, video, computer or other form, provided by one Party ( the ) to the other Party ( the ) pursuant to this Agreement orgenerated pursuant to this Agreement, including but not limited to, information relating to the Disclosing Party ’s existing orproposed research, development efforts, patent applications, business or products, the terms of this Agreement and any othermaterials that have not been made available by the Disclosing Party to the general public . Confidential Information shall notinclude any information or materials that the Receiving Party can document with competent written proof : 1.23.1 were already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time ofdisclosure by the Disclosing Party ; 1.23.2 were generally available to the public or otherwise part of the public domain at the time of its disclosure to theReceiving Party ; 1.23.3 became generally available to the public or otherwise part of the public domain after its disclosure ordevelopment, as the case may be, and other than through any act or omission of a Party in breach of such Party’sconfidentiality obligations under this Agreement ; 1.23.4 were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who had noobligation to the Disclosing Party not to disclose such information to others ; or 1.23.5 were independently discovered or developed by or on behalf of the Receiving Party without the use of theConfidential Information belonging to the other Party