definiens: shall mean, as it relates to the Company and its Affiliates and any of the Products, the Intellectual Property related to any of the Products, confidential business information, financial data and other like information ( including ideas, research and development, know - how, formulas, schematics, compositions, technical data, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals ), inventory, ideas, algorithms, processes, computer software programs or applications ( in both source code and object code form ), client lists and tangible or intangible proprietary information or material, or such other information that either Party identifies to the other as confidential or the nature of which or the circumstances of the disclosure of which would reasonably indicate that such information is confidential or proprietary . Notwithstanding the foregoing definition, Confidential Information shall not include information that ( a ) is already in the public domain at the time the information is disclosed, ( b ) thereafter becomes lawfully obtainable from other sources who, to the knowledge of the recipient, have no obligation of confidentiality,(c ) can be shown to have been independently developed by the recipient or its representatives without reference to any Confidential Information of the other Party or ( d ) is required to be disclosed under laws, rules and regulations of any Governmental Authority applicable to the Company or its Affiliates or [COMPANY] or its Affiliates, as the case may be, or pursuant to the rules and regulations of any securities exchange or trading system or pursuant to any other laws, rules or regulations of any Governmental Authority having jurisdiction over the Company and its Affiliates or [COMPANY] and its Affiliates