definiens: shall mean all non - public scientiﬁc, technical, ﬁnancial or business informationwhich is disclosed by or on behalf of either Party hereunder to the other Party hereunder before, on, or after the Eﬀective Date, whether in writing, or byoral or visual disclosure or presentation, and which is treated by the disclosing Party as conﬁdential or proprietary ; provided, that from and after theEﬀective Date, all Repligen Know - How is deemed to be Conﬁdential Information of Innovate unless and until Repligen exercises its reversionary right setforth in Section 6.2(a ) . Notwithstanding the foregoing, shall not include information that the receiving Party can demonstrate bycompetent evidence : ( a ) was already known to the receiving Party, other than under an obligation of conﬁdentiality, at the time of disclosure by thedisclosing Party ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any actor omission of the receiving Party in breach of this Agreement ; ( d ) is independently discovered or developed by the receiving Party without the use of Conﬁdential Information of the disclosingParty ; or [ * * * ] Conﬁdential treatment requested pursuant to a request for conﬁdential treatment ﬁled with the Securities and Exchange Commission . Omittedportions have been filed separately with the Commission