definiens: means allsecret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer, electronic or other form, provided pursuant to this Agreement or generated pursuant to this Agreement by one Party orits Affiliates ( the ) to the other Party or its Affiliates ( the ), including but not limitedto, information relating to the Disclosing Party ’s existing or proposed research, development efforts, patentapplications, business or products, and any other materials that have not been made available by the Disclosing Partyto the general public . 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 ofdisclosure by the Disclosing Party, to the extent such Receiving Party has documentary evidence to that effect;(b ) were generally available to the public or otherwise part of the public domain at the time of disclosure thereofto the Receiving Party;(c ) became generally available to the public or otherwise part of the public domain after disclosure ordevelopment thereof, as the case may be, other than through any act or omission of a Party in breach of suchParty ’s confidentiality obligations under this Agreement;(d ) 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(e ) were independently discovered or developed by or on behalf of the Receiving Party without the use of theConfidential Information belonging to the other Party, to the extent such Receiving Party has documentaryevidence to that effect