definiens: means ( i ) any and all confidential and proprietar y information, including, data, results, conclusions, know - how, experience, financial information, plans and forecasts, that may be delivered, made available, d isclosed or communicated by a Party or its Affiliat es or their respective Representatives to the other Party or it s Affiliates or their respective Representatives, r elated to the subject matter hereof or otherwise in connection wi th this Agreement and ( ii ) the terms, conditions an d existence of this Agreement . will not include information that ( A ) at the time of disclosure, is generally available to the public, ( B ) after disclo sure hereunder, becomes generally available to the public, except as a result of a breach of this Agreement by the re cipient of such information, ( C ) becomes available to the recipient of such information from a Third Party that is not legally or contractually prohibited by the disclosi ng Party from disclosing such Confidential Information ; or ( D ) wa s developed by or for the recipient of such informa tion without the use of or reference to any of the Confidential Information of the disclosing Party or its Affiliat es, as evidenced by the recipient ’s contemporaneous written records