definiens: means any data, research, development, manufactur ing, marketing, financial, personnel, sales, business, and other no n - public, proprietary or technical information prov ided by the disclosing Party to the Recipient, including all Pr oduct Data ( which shall be considered [COMPANY] ’ Confi dential Information even if generated or provided by Hospir a ), except any portion of such information that : ( a ) is or becomes generally available to the pub lic or within the industry to which such informatio n relates, other than as a result of a breach of this Agreement ; or ( b ) is known by Recipient at the time of receipt of the disclosing Party ’s information, as evidence d by Recipient ’s contemporaneous written records ; or ( c ) is provided to Recipient on a non - confidenti al basis by a third party who has the legal right t o make such disclosure ; or ( d ) was or is independently developed by or for Recipient without access to or use of the informati on of the disclosing Party, as evidenced by Recipient ’ s contemporaneous written records