definiens: means all confidential information disclosed by a Party ( ) to the other Party ( ), whether before, on or after the Effective Date, whe ther orally, visually or in writing, that is design ated as confidential or that reasonably should be understoo d to be confidential given the nature of the inform ation and the circumstances of disclosure . Confidential Infor mation, shall include without limitation, any and a ll business and marketing plans, technology and technical infor mation, product plans and designs, and business pro cesses disclosed by the Disclosing Party . Notwithstanding the foregoing, any Proprietary Information ( as defi ned in the Prior CDA ) of a Party that was, as of the Effective Date of this Agreement, not subject to Section 5 o f the Prior CDA shall be considered the Confidential Informatio n of such Party under this Agreement . However, Confidential Information of the Disclosing Party sh all not include any information that ( i ) is or beco mes generally known to the public without breach of any obligation owed by the Receiving Party to the Disc losing Party, whether under this Agreement, the Prior CDA or any Related Agreement, ( ii ) was known to the Rec eiving Party prior to its disclosure by the Disclosing Par ty without breach of any obligation owed to the Dis closing Party, whether under this Agreement, the Prior CDA or any Related Agreement, as evidenced by the Recei ving Party ’s records, ( iii ) is received by the Receiving Party from a third party ( other than an Affiliate of either Party ) without breach of any obligation owed to the Disclo sing Party, whether under this Agreement, the Prior CDA or any Related Agreement, as evidenced by the Receivin g Party ’s records, or ( iv ) was independently develo ped by the Receiving Party without the aid, application or use of the Disclosing Party ’s Confidential Informa tion, as evidenced by contemporaneous written documentation