definiens: means all proprietary information, including scie ntific, technical and manufacturing information and plans, marketing and business plans, and financial and per sonnel matters relating to a Party or its present or futur e products, sales, suppliers, customers, employees, investors or business, received by either Party from the other P arty or disclosed by either Party to the other Part y pursuant to this Agreement, or pursuant to or that is otherwise subject to the Prior CDA ; in each case, which info rmation is disclosed under circumstances reasonably indicating that it is confidential . Notwithstanding the foreg oing, Confidential Information shall not include informat ion that, in each case as demonstrated by competent written documentation : ( a ) is publicly disclosed and made generally available to the public by the disclosing Party, either before or after it becomes known to the receiving Party ; ( b ) was known to the receiving Party, without obligati on to keep it confidential, prior to the date of disclosure by the disclosing P arty ; ( c ) is subsequently disclosed to the receiving Party by a Third Party lawfully in possession thereof without obligation to keep it co nfidential and without a breach of such Third Party ’s obligations of confidentiality ; ( d ) has been publicly disclosed or made generally avail able to the public other than through any act or omission of the receiving P arty in breach of this Agreement ; or ( e ) has been independently developed by the receiving P arty without the aid, application or use of the disclosing Party ’s Confid ential Information ( the competent written proof of which must be contemporaneous with such independent developmen t ) ; Notwithstanding all of the foregoing, all Know - how, data and results generated by or on behalf of eith er Party ( or its Affiliates ) under this Agreement during the Collaboration Term and related to Licensed Antibod y and/or Licensed Product ( ) shall be regarded as Confidential Information of [COMPANY] . All Know - how, data and results generated by or on behalf of [COMPANY] ( or its Affiliates ) prio r to the Effective Date in any pre - clinical studies and rela ted to Licensed Antibody and/or Licensed Product ( ) shall be regarded as [COMPANY] Confidential Informa tion