definiens: shall mean any technical, scientific or business information furnished by or on behalf ofone Party or its Affiliates ( the ) to the other Party or its Affiliates ( the ) in connection withthis Agreement, the Supply Agreement or the Prior Agreement, or the activities contemplated hereunder and thereunder, regardless of whether such information is specifically designated as confidential and regardless of whether such information isin oral, written, electronic or other form . The terms of this Agreement shall be considered Confidential Information of bothParties, subject to the provisions of this Article 9 and Section 12.6 . Confidential Information shall not include informationthat:(a ) is generally available in the public domain or thereafter becomes available to the public through no act of theReceiving Party ; or(b ) was independently known to the Receiving Party prior to receipt thereof or was discovered independently by anemployee of the Receiving Party who had no access to the information supplied by or on behalf of the Disclosing Party;or(c ) was made available to the Receiving Party as a matter of lawful right by a Third Party who had no obligations ofconfidentiality to the Disclosing Party