definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer or other form, provided by one Party ( the ) to the other Party ( the ) pursuant to this Agreement or generated pursuant to this Agreement, including but not limited to, information relating to the Disclosing Party 's existing or proposed research, development efforts, patent applications, business or products, the terms of this Agreement and any other materials that have not been made available by the Disclosing Party to the general public . Notwithstanding . the foregoing sentence, Confidential Information shall not include any information or materials that : 1.17.1 were already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party to the extent such Receiving Party has documentary evidence to that effect ; 1.17.2 were generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party ; . : ' " 1.17~3became generally available to the public or otherwise part of the public domain after its disclosure or deveiopment, as the case may be, and other than through any act or omission of a Party in breach of such Party 's confidentiality obligations under this Agreement ; 1.17.4 were disclosed to a Party under an obligation of confidentiality that has subsequently expired ; 1.17.5were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others ; or 1 . I 7 . 6 were independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to the other Party and the Receiving Party has documentary evidence to that effect