definiens: of a particular Part y means any information disclosed by or on behalf o f such Party to the other Party relating to the disclosing Party ’s Know - How, trade secrets or any other infor mation relating to business affairs, finances or products of the disclosing Party or its Affiliates, which is considered by the disclosing Party as confidential as well as the terms of this Agreement, excluding, however, information ( i ) which can be demonstrated as being already in the receiving party ’s and its Affiliates ’ possession prior to the date of execution of this A greement and the Material Transfer Agreement dated June 7, 2005 and the Confidentiality Agreement date d March 15, 2004 entered into by the Parties ; ( ii ) comes into public domain by publication or otherwise thro ugh no breach of this Agreement ; ( iii ) 6 has been disclosed to the receiving party or its Af filiates by a third party authorised to do so witho ut being supplied either directly or indirectly by providing party . Confidential Information shall not be deeme d to be in the public domain merely because it may be de rived from one or more items publicly known