definiens: shall mean and include such types of information as : inventions, methods, plans, processes, specifications, characteristics, raw data, analyses, equipment design, trade secrets, costs, marketing, sales, and performance informatio n, including patents and patent applications, grant applications, notes, and memoranda, whether in writ ing or presented, stored or maintained electronically, magnetically or by other means ; pro vided, however that information that ( cc ) is or becomes publicly available through no fault of the non - owning Party ; ( dd ) is disclosed by a third part y entitled to disclose it without an obligation of co nfidentiality to the other Party ; ( ee ) is already k nown to the non - owning Party as shown by its prior written records ; or ( ff ) is developed independently of a Program by the non - owing Party without reference to or use of any of the Confidential Information disclosed by the owning Party as shown by written r ecords is not Confidential Information