definiens: shall mean, as the case may be, any and all information relating to the Active Ingredient, of a confidential nature not known to the public or to the recipient of the information before its disclosure belonging to either Party in written, electronic or any other form . This includes, but is not limited to, Know -How, operational methods, formulae, samples, Specifications, analytical methods as well as any details of commercial, technical, pharmaceutical, scientific and industrial nature . The terms of this Agreement shall also be deemed Confidential Information . Confidential Information shall not include information, materials, technical data or Know -How which : ( i ) is in a receiving Party ’s possession at the time of disclosure as evidenced by the receiving Party ’s written record s immediately prior to the time of disclosure ; ( ii ) is in the public domain at the time of disclosure ; ( iii ) becomes part of the MANUFACTURING AND SUPPLY AGREEMENT PAGE 2 public domain by publication or otherwise after disclosure hereunder other than by breach of this Agreement by a receiving Party ; ( iv ) is disclosed to a receiving Party by a third party having the right to disclose such information without any violation of any rights of or obligations to the disclosing Party ; or ( v ) is independently developed by an employee or agent of a receiving Party without knowledge of the disclosing Party ’s Confidential Information as evidenced by the receiving Party ’s written records