definiens: of a Party meansany confidential and/or proprietary information furnished by or on behalf of such Party or its Affiliates ( the ) to another Partyor its Affiliates ( the ) pursuant to this Agreement or learned through observation during visit(s ) to any facility of theDisclosing Party . Notwithstanding the foregoing, Confidential Information shall not include information that, in each case as demonstrated bywritten documentation or other competent evidence:(i ) was already known to the Receiving Party, other than under an obligation of confidentiality, at the time it was disclosed to orlearned by the Receiving Party hereunder;(ii ) was generally available to the public or otherwise part of the public domain at the time it was disclosed to or learned by theReceiving Party hereunder;(iii ) became generally available to the public or otherwise part of the public domain after it was disclosed to or learned by theReceiving Party hereunder, other than through any act or omission of the Receiving Party in breach of this Agreement;(iv ) was lawfully disclosed to the Receiving Party, after it was disclosed to or learned by the Receiving Party hereunder, by aThird Party that is not bound by any obligation of confidentiality with respect to such information ; or(v ) is independently developed by the Receiving Party without the benefit or use of the Confidential Information of the DisclosingParty