definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer, electronic or other form, provided pursuant to this Agreement or generated pursuant to this Agreement by one Party ( the ) to the other Party ( the ), including but not limited to, information relating to the Disclosing Party 's existing or proposed research, development efforts, patent applications, business or products, and any other materials that have not been made available by the Disclosing Party to the general public . Notwithstanding the foregoing sentence, Confidential Information shall not include any information or materials that : ( a ) were already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party, to the extent such Receiving Party has documentary evidence to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at the time of disclosure thereof to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after disclosure or development thereof, as the case may be, and other than through any act or omission of a Party in breach of such Party 's confidentiality obligations under this Agreement ; ( d ) were disclosed to a Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others ; or 50 ( e ) were independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to the other Party, to the extent such Receiving Party has documentary evidence to that effect