definiens: means ( a ) any and all confidential or proprietary information and data, including scientific, preclinical, clinical, regulatory, manu facturing, marketing, financial and commercial info rmation or data, unpublished patent applications and informati on related thereto and set forth therein, in each c ase, that is or has been provided by or on behalf of one Party to t he other Party or its Affiliates in connection with this Agreement or any related negotiations, discussions, or dilige nce, whether communicated in writing or orally or b y any other method, and ( b ) the terms of this Agreement . Notwit hstanding the foregoing, 4 excludes any information that the receiving Party c an show by competent evidence ( i ) is known by the r eceiving Party at the time of its receipt, and not through a prior disclosure by the disclosing Party, as docum ented by the receiving Party ’s business records ; ( ii ) is known t o the public before its receipt from the disclosing Party, or thereafter becomes generally known to the public th rough no breach of this Agreement by the receiving Party ; ( iii ) is subsequently disclosed to the receiving Party wi thout obligation of confidentiality by a Third Part y who has rightfully obtained such information and who is not under an obligation of confidentiality or other co ntractual obligation with respect to such information ; or ( iv ) is developed by the receiving Party independently of Confidential Information received from the disclosi ng Party, as documented by the receiving Party ’s bu siness records