definiens: means information that gives thedisclosing party an advantage over its competitors who do not know or use it, including, but not limited to, techniques, designs, drawings, processes, inventions, developments, equipment, prototypes, sales and customer information, and business and financial information, relating to the business, products, practices, or techniques of the disclosing party . As used herein, shall not include any information or data which ( i ) is in orbecomes part of the public domain by any means other than the 5 < PAGE > receiving party 's breach of its obligations hereunder ; ( ii ) was known to thereceiving party at the time of disclosure by the disclosing party ; ( iii ) is, atany time, disclosed to the receiving party by any third party having the rightto disclose the same ; or ( iv ) is developed by an employee(s ) or agent / consultantof the receiving party who was not privy to any Confidential Informationdisclosed by the disclosing party pursuant to this Agreement