definiens: means [ REDACTED : description of competitive product ] ( t ) means any and all information ( including the [COMPANY] Technology and [COMPANY] Technology ) of a Party relating to any trade secret, Development Costs, Books and Records, process, method, compound, research project, work in process, future development, scientific, engineering, manufacturing, marketing, sales, business plan, financial or personnel matter relating to the disclosing Party, its present or future products, sales, suppliers, customers, employees, investors or business, whether in oral, written, graphic or electronic form . Confidential Information sha ll not include any information which the receiving Party can prove by competent evidence : ( i ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available ; ( ii ) is known by the receiving Party at the time of receiving such information, as evidenced by its written records maintained in the ordinary course of business ; ( iii ) is hereafter furnished to the receiving Party by a Third Party, as a matter of right and without restriction on disclosure ; ( iv ) is independently developed by the receiving Party, as evidenced by its written records, without knowledge of, and without the aid, application or use of, the disclosing Party ’s Confidential Information ; or ( v ) is the subject of a written permission to disclose provided by the disclosing Party