means the information
listed in Schedule [insert Schedule number] to this
agreement excluding any information which:
(a)
is, or was already known or available to [Party B], otherwise than pursuant to or through breach of any
confidentiality obligation owed to [Party A];
(b)
is, or will be, in the public domain other than through any breach of this Agreement (save that any publicly available information shall be classified as Confidential Information where it is compiled in a form that is not in the public domain);
(c)
is disclosed to [Party B] without any obligation of confidence to [Party A] by a third party who is not itself under or in breach of any obligation of confidentiality;
(d)
is developed by or on behalf of [Party B] in circumstances where the developing party has not had direct or indirect access to the information disclosed, provided that [Party B] provides satisfactory evidence of the same to [Party A]; and
(e)
[Party A] agrees in writing does not constitute Confidential Information.
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