definiens: means, with respect to each Party, all Know - How o r other information, including proprietary information ( whe ther or not patentable ) regarding or embodying such Party ’s technology, products, business information or objec tives, that is communicated in any way or form by o r on behalf of the Disclosing Party to the Receiving Party or i ts permitted recipients, pursuant to this Agreement or that certain confidentiality agreement between [COMPANY] and [COMPANY] dated [ * * * ], whether or not such Know - How or other information is identified as confidential at the ti me of disclosure . The terms of this Agreement will be considered Confidential Information of both Parties, with both Parties deemed to be the Receiving Party of such C onfidential Information . Notwithstanding any provision of this Section 1.30 to the contrary, Confidential Informat ion does not include any Know - How or information that : ( a ) w as already known by the Receiving Party ( other than under an obligation of confidentiality to the Disclosing Party ) at the time of disclosure by or on behalf of the Disclosing Party ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving 4 Party ; ( c ) became generally available to the public or otherwise part of the public domain after its d isclosure to the Receiving Party, other than through any act or omis sion of the Receiving Party in breach of its obliga tions under this Agreement ; ( d ) was disclosed to the Receiving Party, other than under an obligation of confidenti ality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to the Rece iving Party ; or ( e ) was independently discovered or developed by or on behalf of the Receiving Party without the us e of any Confidential Information belonging to the Disclosin g Party . Confidential Information disclosed to the Receiving Party hereunder will not be deemed to fall within t he foregoing exceptions merely because broader or r elated information falls within such exceptions, nor will combinations of elements or principles be considere d to fall within the foregoing exceptions merely because indi vidual elements of such combinations fall within su ch exceptions