definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphic . video, computer, electronic or other fonn, generated pursuant to this Agreement or provided pursuant to this Agreement by one Party ( the ) to the other Party ( the ), including information relating to the Disclosing Pmty 's existing or proposed research, development efforts, patent applications, business or products, and any other materials that have not been made available by the Disclosing Party to the general public . Notwithstanding the foregoing sentence, Confidential Information shall not include any information or materials that : ( a ) were already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party, to the extent such Receiving Party has document ary evidence to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at the time of disclosure thereof to the Receiving Party ; ( c ) became generally available to the public or otllerwise part of the public domain after disclosure or development thereof, as the case may be, and other than through any act or omission of a Party in breach of such Party 's confidentiality obligation s under this Agreement ; or DB 1/6)535028 . 1 [ IS ( d ) were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others