definiens: means ( a ) with respect to [COMPANY], all tangible embodiments of LicensedTechnology and Licensed Patents and ( b ) with respect to each Party, all information and Technology disclosed or provided byor on behalf of such Party ( the ) to the other Party ( the ) or to any of the receiving Party’semployees, consultants, Affiliates or sublicensees ; provided, that, none of the foregoing shall be Confidential Information if:(i ) as of the date of disclosure, it is known to the receiving Party or its Affiliates as demonstrated by credible contemporaneouswritten documentation, other than by virtue of a prior confidential disclosure to such receiving Party ; ( ii ) as of the date ofdisclosure it is in the public domain, or it subsequently enters the public domain through no fault of the receiving Party ; ( iii ) itis obtained by the receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation ofconfidentiality to the disclosing Party ; or ( iv ) it is independently developed by or for the receiving Party without reference toor use of any Confidential Information of the disclosing Party as demonstrated by credible contemporaneous writtendocumentation