definiens: of a party ( the “ transmitting party ) means any non -public information or materials about or belonging to such a party hereto which the other party is provided, has access to, or learns hereunder that relate to the transmitting party ’s research or business and which are either identified as confidential at the time of disclosure or which the other party ( the ) should reasonably know are deemed confidential by the transmitting party due to the nature of the information or the cir cumstances under which they were disclosed, including without limitation test data, samples, data, drawings, trade secrets, draft and final correspondence with the United States Patent and Trademark Office and other patent authorities, but does not include materials or information that the receiving party can, prior to its proposed use or disclosure, substantiate through written documentation : ( a ) is explicitly approved for public release by the transmitting party ; ( b ) was already known by the receiving par ty with no obligation of confidentiality prior to receiving the information or material from the transmitting party ; ( c ) was lawfully disclosed to the receiving party by a third party having the right to disclose it without an obligation of confidentiality ; ( d ) was publicly known or accessible at the time of disclosure or later become part of publicly known or accessible through no fault or breach of obligation by the receiving party, its employees, or agents ; or ( e ) was independently developed by the recei ving party without use of the disclosing party ’s Confidential Information . Information about or included in the Biological Materials, that satisfies the foregoing definition shall be deemed Confidential Information belonging to Fred Hutch . Information abou t the terms, but not the existence, of this Agreement shall be deemed Confidential Information belonging to both parties