definiens: means ( i ) any and all confidential and proprietar y information, including but not limited to, data, re sults, conclusions, know - how, experience, financial information, plans and forecasts, that may be delivered, made av ailable, disclosed or communicated by a Party or it s Affiliates or their respective Representatives to the other Pa rty or its Affiliates or their respective Represent atives, related to the subject matter hereof or otherwise in connectio n with this Agreement and ( ii ) the terms, condition s and existence of this Agreement . will not include information that ( A ) at the time o f disclosure, is generally available to the public, ( B ) after disclosure hereunder, becomes generally available t o the public, except as a result of a breach of thi s Agreement by the recipient of such information, ( C ) becomes a vailable to the recipient of such information from a Third Party that is not legally or contractually prohibited by the disclosing Party from disclosing such Confident ial Information ; or ( D ) was developed by or for the rec ipient of such information without the use of or re ference to any of the Confidential Information of the disclosi ng Party or its Affiliates, as evidenced by the rec ipient ’s contemporaneous written records