definiens: means any confidential or proprietary information of a party disclosed under this Agreement by such party ( the ) to the other party ( the ), whet her or not designated as being confidential or propriet ary, for which reasonable precautions have been tak en to maintain the secrecy of such information, including but not limited to information relating to any sci entific or engineering information or research project, wor k in process, future developments, names of supplie rs and customers, marketing and business plans relatin g to either party or other confidential or propriet ary information that a reasonable person would understa nd to be confidential or proprietary information of such Disclosing Party, whether in oral, written, gr aphic or electronic form . Confidential Information of the Disclosing Party shall not include information that is, as demonstrated by written documentation : ( i ) known to the other party prior to disclosure by the Discl osing Party without a prior duty of confidentiality to the Receiving Party ; ( ii ) disclosed in published litera ture ; ( iii ) generally known or available to industr y ; ( iv ) obtained by the Receiving Party from a third party who is not in breach of an y confidentiality obligations to the Disclosing Par ty ; or ( v ) independently developed by the Receiving Party without any reference to or use of the Confidential Information of the Disclosing Party