definiens: shall mean all information, intellectual property and know - how and any tangible embodiments thereof p rovided by or on behalf of one Party to another Par ty either in connection with the discussions and negotiations pertaining to this Agreement or in the course of p erforming this Agreement, which may include data ; knowledge ; practices ; processes ; ideas ; research plans ; engine ering designs and drawings ; research data ; manufacturing processes and techniques ; scientific, manufacturing, marketing and business plans ; and financial and per sonnel matters relating to the disclosing Party or to its present or future products, sales, suppliers, customers, em ployees, investors or business . Notwithstanding the foregoing, Confidential Information shall not include informat ion that : ( i)was already known to the receiving Party as evid enced by written records, other than under an oblig ation of confidentiality or non - use, at the time of discl osure to such receiving Party ; ( ii ) was part of the public domain, at the time of its disclosure to such receiving Party ; ( iii)became part of the public domain, after its di sclosure to such receiving Party through no fault o f the receiving Party ; ( iv)was disclosed to such receiving Party, other th an under an obligation of confidentiality or non - us e, by a Third Party who had no obligation not to disclose s uch information or know - how to others ; or ( v)was independently discovered or developed by suc h receiving Party, as evidenced by their written re cords, without the use of Confidential Information belongi ng to the disclosing Party and prior to any subsequent disclosure by the receiving Party