Confidential information includes (i) all information exchanged between the parties that is marked confidential or proprietary or should reasonably be considered confidential by virtue of the nature of its disclosure or the information contained therein; and (ii) trade secrets, know-how, customer data, business plans, marketing plans, or other information related to the business of each party. Confidential information of a party does not include: (i) information that is publicly known or becomes publicly known through no fault of the party receiving such information, (ii) information that is independently developed by the receiving party without access or reference to the other party’s confidential information, or (iii) information that is provided to the receiving party by a third party without confidentiality restrictions.</p> <p>