definiens: means any scientific, technical, trade, business or financial informationdisclosed, provided or otherwise made available by a Party to the other Party which is treated by the disclosing Partyas confidential or proprietary, including, without limitation, research materials and developments, formulations, techniques, methodology, assay systems, formulae, procedures, tests, equipment, data, reports, know - how, sourcesof supply, patent positioning, relationships with consultants and employees, business plans and businessdevelopments, information concerning the existence, scope or activities of any research, development, manufacturing, marketing or other projects of the disclosing Party, and any other confidential or proprietary informationabout or belonging to the disclosing Party ’s suppliers, licensors, licensees, partners, affiliates, customers, potentialcustomers or others . Notwithstanding the foregoing, all Project Inventions, Proprietary Material and Research Resultsshall be deemed the Confidential Information of Company, regardless of which party initially disclosed or provided thesame to the other party . All information of a confidential or proprietary nature supplied in written, electronic, oral orvisual form pursuant to this Agreement shall be considered as being Confidential Information, whether or not markedas such . The following information shall not be treated as Confidential Information : information ( a ) that is in the publicdomain or is known by others in the field at the time of disclosure ; ( b ) that is in the possession of the receiving Partyfree of any obligation of confidentiality prior to the time of disclosure as evidenced by written records ; ( c ) thatsubsequently becomes part of the public domain or becomes publicly known through no fault of the receiving Party;(d ) that subsequently is received by the receiving Party without any obligation of confidentiality from a third party whois free to disclose the information ; or ( e ) that is independently developed by the receiving Party without the use of anyConfidential Information as evidenced by written records