definiens: means all data, specifications, training and any other know - how related to the design, development, manufacture ( including, without limitation, equipment and processes ), marketing, distribution or performance of [COMPANY] Products or API, as well as all other information and data ( y ) provided by either Party to the other Party pursuant to this Agreement or ( z ) disclosed at the facility of a Party hereto to any Representative of the other Party ( or, in the case of [COMPANY], of [COMPANY] andlor any [COMPANY] Partner ), to the extent the disclosing party considers such other information and data to be confidential . Notwithstanding the foregoing, the term does not include any information that : ( i ) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving Party, ( ii ) is known to the receiving Party prior to receipt from the disclosing Party directly or indirectly from a source other than one 43 having an obligation of confidentiality to the disclosing Party ; ( iii ) becomes known to the receiving Party ( independently of disclosure by the disclosing Party ) directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party ; or ( iv ) is independently developed by the receiving Party