definiens: means all information and know -how and any tangible embodiments thereof provided by or on behalf of one Party to the other Party or an Affiliate thereof either in connection with the discussions and negotiations pertaining to this Agreement or in the cou rse of performing under this Agreement, which may include data, knowledge, practices, processes, ideas, research plans, formulation or manufacturing processes and techniques, scientific, manufacturing, marketing and business plans, and financial and person nel matters relating to the disclosing Party or to its present or future products, sales, suppliers, customers, employees, investors or business, and information, strategies and other matters relating to regulatory filings ( including pursuant to any securi ties law, regulation or rule ) ; provided, that, information or know -how of a Party will not be deemed Confidential Information of such Party for purposes of this Agreement if such information or know -how : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality or non - use, at the time of disclosure to such receiving Party, as can be shown by written records ; ( b ) was generally available or known to parties reasonably skilled in the field to which such information or know -how pertains, or was otherwise part of the public domain, at the time of its disclosure to such receiving Party ; ( c ) became generally available or known to parties reasonably skilled in the field to which such information or know -how pertains, or otherwis e became part of the public domain, * * * Confidential Information has been omitted and filed separately with the Securities and Exchange Commission . Confidential treatment has been requested with respect to this omitted information