definiens: means the terms of this Settlement Agreement and any information furnished in connection with this Settlement Agreem ent, including without limitation any and all know - how, trade secrets, formulae, data, inventions, technology and other information, including manufacturing techniques, processes, trade and fina ncial information, related to the manufacture, use, sale or marketing of any products that are the subject of this Settlement Agreement, currently in the possession of, or developed during the term of the Settlement Agreement by [COMPANY], Plaintiff or any of their respective Affiliates . The restriction s of this Section shall not apply to any Confidenti al Information which ( i ) is already known to the recip ient at the time of disclosure, as reasonably documented by written records ; Confidential Settlement Agreement Page 18 of 36 EXECUTION VERSION ( ii ) is or later becomes public knowledge through n o fault of the recipient ; ( iii ) is received from a Third Party having the lawful right to disclose the information ; or ( iv ) is independently developed by employees of the recipient without access to the di sclosing Party ’s Confidential Information