premise: Confidential Information means any and all information which is now or at any time disclosed to one party by the other party and shall include without limitation, data, know-how, formulae, recipes, processes, designs and design rights, photographs, drawings, plans, intentions, product information, trade secrets, market opportunities, specifications, manufacturing data, which is disclosed to EFCA before or after the date of this Agreement but shall exclude any part of such information which:- 1.1 is or becomes in the public domain without breach of this Agreement by EFCA; or 1.2 EFCA can show:- 1.2.1 was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and which was not previously acquired by EFCA from the disclosing party under an obligation or confidence, or 1.2.2 to have been developed by EFCA, or EFCA’s principals, at any time independently of any information disclosed to it by the disclosing party.