definiens: means any confidential infonnation ( including Know - How ) of a Party relating to any human interferon use, process, method, compound, research project, work in process, future development, scientific, engineering, Manufacturing, marketing, business plan, financial or personnel matter relating to the disclosing Party, its present or future product, sales, suppliers, customers, employees, investors or business, whether in oral, written, graphic or electronic fonn . Confidential Infonnation shall not include any infonnation which the receiving Party can prove by competent evidence : ( a ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available ; ( b ) is known by the receiving Party at the time of receiving such infonnation, as evidenced by its written records maintained in the ordinary course of business ; ( c ) is hereafter fumished to the receiving Party by a Third Party, as a matter of right and without restriction on disclosure ; ( d ) is independently developed by the receiving Party, as evidenced by its written records, without knowledge of, and without the aid, application or use of, the disclosing Party 's Confidential Infom1ation ; or ( e ) is the subject of a written pem1ission to disclose provided by the disclosing Party