definiens: means all non - public, confidential or proprietary information, data or know - how, provided by one Party ( the ) to the other Party ( the ) in any form pursuant to this Agreement, including informat ion relating to the Disclosing Party ’s existing or proposed research, development, patent applications, busines s or products . [COMPANY] ’s Confidential Information wi ll include the Licensed Know - How . The Assigned Know - How will b e deemed to be Spero ’s Confidential information . Th e terms of this Agreement will be deemed to be each P arty ’s Confidential Information . Confidential Infor mation will not include any information or materials that the Receiving Party can document with competent wri tten proof : ( a ) were already known to the Receiving Party ( othe r than under an obligation of confidentiality ) at the time of disclosure by or on behalf of the Discl osing Party ; ( b ) were generally available to the public or other wise part of the public domain at the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or oth erwise part of the public domain after its disclosure to the Receiving Party, other than throu gh any act or omission of the Receiving Party in br each of its obligations under this Agreement ; ( d ) were disclosed to the Receiving Party, other th an under an obligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to the Receiving Party or others ; or ( e ) were independently discovered or developed by o r on behalf of the Receiving Party without the use of the Confidential Information belonging to th e Disclosing Party