definiens: means all information an d data, regardless of form, including a formula, pattern, compilation, program, method, technique, p rocess, inventory, biological material, chemical, p hysical material, gene sequence, amino acid sequence, chemi cal structure or activity, design, prototype, drawi ngs, samples, source code, business plan, business oppor tunity, customer or personnel list, or financial st atement proprietary to a Party or its Affiliate, except any portion thereof which : ( i ) is known to the receiving Party prior to receipt fr om the disclosing Party ; ( ii ) is disclosed to the receiving Party by a third party, as evidenced by the receiving Party ’s contemporaneously created written records, who is u nder no obligation of confidentiality to the disclosing Party with respect to such information a nd who otherwise has a right to make such disclosure ; ( iii ) is or becomes published, as evidenced by a written version thereof, or generally known in the trade through no fault of the receiving Party ; or ( iv ) is independently developed by the receiving Party, without resort to the disclosing Party ’s Confidenti al Information, by persons having no access thereto, a s evidenced by the receiving Party ’s contemporaneously created written records