premise: For the purpose of this Agreement “Confidential Information” means any and all information, disclosed by the Disclosing Party to the Receiving Party, whether in oral or in written form, including but not limited to documentation, technical or business information, ideas, plans, drawings, models and rights-of-way, requirements, standards, financial and non-financial data, marketing, trade secrets, know-how, customer and tenants lists, prices, as well as any and all intellectual and industrial property rights contained therein and/or in relation thereto; provided however, that Confidential Information shall not include information which  (i) is or becomes lawfully in the public domain other than through a breach of any non disclosure agreement or any confidentiality obligation,  (ii) was known to the Receiving Party prior to the disclosure, as evidenced by it,  (iii) was independently developed by or for the Receiving Party without reference to or use of Confidential Information received from the Disclosing Party, 