definiens: means all information, data, and know how, whether commercial, financial, technical, operational, or o therwise in any format, disclosed hereunder by one party or any of its Affiliates to the other party or any of its Affiliates in connection with this agreement wh ich by its nature is clearly confidential, or is otherwise mar ked or designated as confidential or proprietary, w hether disclosed orally in documentary form, by documentat ion or otherwise and including the terms of this Ag reement, except any portion thereof which : ( a ) is known to the recipient at the time of the disclosure, as eviden ced by its written records or other competent evidence ; ( b ) is disclosed to the recipient by a Third Party lawfully in possess ion of such information and not under an obligation of non disclosure ; ( c ) is or becomes patented, published or otherwise part of the public domain through no fault of the recipient ; or ( d ) is developed by or for the recipient independently of Confidential Information disclosed hereunder as evidenced by the recipient ’s written records or other competent evi dence ; Notwithstanding the forgoing, specific aspects of C onfidential Information shall not be deemed to be w ithin the forgoing exceptions when such exceptions only apply to more general knowledge or when the relevant spe cific aspects are identified using Confidential Informati on disclosed under this Agreement