definiens: means : ( a ) all proprietary information and materials, patentabJe or otherwise, of a Party which is disclosed in writing by or on behalf of such Party to the other Party and marked as confidential or proprietary, including DNA sequences, vectors, cells, substances, formulations, techniques, methodology, equipment, data, reports, Inex Technology, preclinical and clinical trials and the results thereof, sources of supp ly, patent positioning, marketing plans and business plans, including any negative deve lopm ents ; ( b ) any other information, oral or written, designated in writing by the disclosing Party to the other Party as confidential or proprietary within ten ( 10 ) days after such disclosure, whether or not related to the making, use, importing or selling of the Product ; and ( c ) the Data, the Inex Technology, the Regulatory Approval s and Regulatory Submissions, and the Licensed Patents ( all of which are deemed to be Confidential Information of Inex ) ; provided that Confid ential Information shall not in clude such information which : 23I48\363329\V29.JPH - AS SIGNED 220304/17521.;:.97 ENZ 408 - 9 - ( d ) was known or used by the receiving Party or its Affiliates prior to its date of disclosure to the receiving Party, as evidenced by the prior written records of the receiving Party or its Affiliates ; or ( e ) either before or after the date of the disclosure to the receiving Party is lawfully disclosed to the receiving Pa rty or its Affiliates by an independent, unaffiliated Third Party rightfully in possession of the Confidential Information ; or ( f ) either before or after the date of the disclosure to the receiving Party becomes published or generally known to the public through no fault or omission on the part of the receiving Party or its Affiliates ; or ( g ) the receiving Party can verify, by writ ten documentation, re sults from research and development by the receiving Party or any of its Affiliates independent of disclosure by the other Party thereof