definiens: means all information, whether it be written or oral, includi ng all production schedules, lines of products, vol umes of business, processes, new product developments, prod uct designs, formulae, technical information, labor atory data, clinical data, patent information, know - how, trade secrets, financial and strategic information, marketing and promotional information and data, and other mat erial relating to any products, projects or process es of one Party ( the ) that is provided to, or otherwise obtained by, t he other Party ( the ) in connection with this Agreement . Notwithstandi ng the foregoing sentence, Confidential Information shall not include any information or materials that : 8.1.1 were already known to the Receiving Party ( ot her 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 ; 8.1.2 were generally available to the public or oth erwise part of the public domain at the time of disclosure thereof to the Receiving Party ; 8.1.3 became generally available to the public or o therwise part of the public domain after disclosure or development thereof, as the case may be, and oth er than through any act or omission of a Party in b reach of such Party ’s confidentiality obligations under this Agreement ; 8.1.4 were disclosed to a Party, other than under a n obligation of confidentiality, by a third party who had no obligation to the Disclosing Party not t o disclose such information to others ; or 8.1.5 were independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to th e other Party, to the extent such Receiving Party h as documentary evidence to that effect