definiens: means, with respect to each Party, all Know - How or other information, including proprietary information and materials ( whether or not patentable ) regarding or embodying such Party’stechnology, products, business information or objectives, that is communicated by or on behalf of the DisclosingParty to the Receiving Party or its permitted recipients before, on or after the Effective Date, including any suchinformation that was disclosed by a Party or any of its Affiliates under the Prior CDA . Confidential Information doesnot include any Know - How or other information that, to the extent shown by reasonable documentary evidence, ( a)was already known by the Receiving Party ( other than under an obligation of confidentiality, including to the DisclosingParty ) at the time of disclosure by or on behalf of the Disclosing Party, ( b ) was generally available to the public orotherwise part of the public domain at the time of its disclosure to the Receiving Party, ( c ) became generally availableto the public or otherwise part of the public domain after its disclosure to the Receiving Party, other than through anyact or omission of the Receiving Party in breach of its obligations to the Disclosing Party or any of its Affiliates, including under the Prior CDA or under this Agreement, ( d ) was disclosed to the Receiving Party, other than under anobligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party or any of its Affiliates notto disclose such information to the Receiving Party or ( e ) was independently discovered or developed by or on behalfof the Receiving Party without access to or the use of any Confidential Information belonging to the Disclosing Party