definiens: shall mean any [COMPANY] Samples, other materials, data, research, development, manufacturing, marketi ng, financial, personnel, sales, business, and othe r non - public, proprietary or technical information provid ed by a disclosing Party ( the ) to a receiving Party ( the ), including, without limitation, all Deliverables, Records and Materials ( which shall be considered [COMPANY] ’ Confidential Inf ormation even if generated or provided by [COMPANY] ), except any portion of such information that the Rec ipient est ablishes : a ) is or becomes generally available to the public or within the industry to which such information re lates, other than as a result of a breach of this Agreemen t ; or b ) is known by Recipient at the time of receipt of the Disclosing Party ’s information, as evidenced by Recipient ’s contemporaneous written records ; or c ) is provided to Recipient on a non - confidential b asis by a third party who has the legal right to ma ke such disclosure ; or d ) was or is independently developed by or for Reci pient without access to or use of the information o f the Disclosing Party, as evidenced by Recipient ’s conte mporaneous written records