definiens: of a Par ty shall mean any and all information and any tangible embodiments thereof in any medium provided by or on behalf of such Party to the other Party, either in connection with the discussions and negotiations pertaining to the Agre ement on Essential Terms for Collaboration or this Agreement or in the course of performing the Agreement on Essential Terms for Collaboration or this Agreement, including, without limitation, data, knowledge, practices, processes, ideas, research plans, engineering drawings, research data, techniques, sc ientific, marketing and business plans, and financial and personnel matters relating to the disclosing Party or to its present or future products, sales, suppliers, customers, employees, investors, or business . Notwithstanding any of the foregoing, information shall not be deemed Confidential Inform ation if it : ( a ) was already known, discovered or developed by the receiving Party or its Affiliates, other than under an obliga tion of confidentiality or non - use owed by the receiving Party to the disclosi ng Party, prior to the time of disclosure to the receiving Party ; ( b ) was generally available or kno wn, or was otherwise part of the public domain, prior to its disclosure to the r eceiving Party ; ( c ) became generally available or known, or otherwise became part of the public domain, after its disclosure to the receiving Party through no fault of the receiving Party ; ( d ) was disclosed to the receiving Party or its Affiliates, other than under an obligation of confidentiality o r non - use, by a Third Party who had no obligation of non - disclosure or non - use to the disclosing Party ; or [ * ]= Certain confidential information contained in t his document, marked by brackets, has been omitted and filed separately wit h the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended