definiens: shall mean all oral or written information that is disclosed by either party ( the ) to the other party ( the ), or that the Receiving Party becomes aware of as a result of its discussions and work with the Disclosing Party, and that is not generally known to the public, including but not limited to, information of a technical nature such as trade secrets ; manufacturing processes or devices or know - how ; techniques, data, formulas, inventions, discoveries or innovations ( whether or not patentable ), specifications and characteristics of current products or products under development ; research projects, methods and results ; matters of a business nature such as information about costs, margins, pricing policies, markets, sales, suppliers and customers ; product, marketing or strategic plans ; financial information ; personnel records and other information of a similar nature, provided, however, that Confidential Information shall not include any information that ( i ) is or becomes public knowledge without breach of the Receiving Party 's obligations hereunder ; ( ii ) is rightfully acquired by the Receiving Party from a third party that is not under a confidentiality restriction on disclosure or use ; ( iii ) was already known to the Receiving Party prior to receipt from the Disclosing Party as evidenced by written records ; ( iv ) is independently developed by the Receiving Party ; ( v ) is required to be disclosed by Law, provided that notice of the requirement is promptly delivered to the Disclosing Party in order to provide the Disclosing Party with an opportunity to challenge or limit the disclosure obligations ; or ( vi ) is disclosed or used following the Receiving Party 's receipt of express written consent from an authorized representative of the Disclosing Party . Notwithstanding anything to the contrary in the foregoing, all confidential or other proprietary information that is transferred by KNC to [COMPANY] under the Purchase Agreement or this Agreement or that relates exclusively to the manufacture of the Products shall be deemed the Confidential Information of [COMPANY] . The Receiving Party shall have the burden of proof respecting any of the aforementioned events on which the Receiving Party relies as relieving it of any confidentiality restrictions hereunder . Written disclosures for which protection is sought must be obviously KNC and [COMPANY] Confidential SF\658187 .1 2 Confidential Treatment Requested marked as or and oral disclosures for which protection is sought must at the outset be clearly identified by the Disclosing Party as Confidential Information and submitted by the Disclosing Party in summary form to the Receiving Party, marked as above within thirty ( 30 ) days after disclosure ; provided, however, that protection under Section 11 shall also be given to information that is not so marked if a reasonable person would assume that it is Confidential Information