definiens: means, as to a Party ( a ) all information disclose d by such Party ( or its Representatives ) to the Receiving Party in connection with this Agreement or any Ancillary Agreement, including all information with respect t o the Disclosing Party ’s licensors, licensees or Affiliates ; ( b ) all information disclosed to the Re ceiving Party by the Disclosing Party under the Confidentiality Agreement ; and ( c ) all memoranda, n otes, analyses, compilations, studies and other materials prepared by or for the Receiving Party to the extent containing or reflecting the informatio n in the preceding clause ( a ) or ( b ) . Notwithstanding th e foregoing, Confidential Information shall not inc lude information that, in each case as demonstrated by c ompetent written documentation : ( a ) was already known to the Receiving Party or its Affiliates, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receivi ng Party ; -57- ( c ) became generally available to the public or otherwise part of the public domain after its disclosure to the Receiving Party other than through any act or omission of the Recei ving Party in breach of this Agreement or the Confidenti ality Agreement or through any act or omission of a Third Party under an obligation to the Disclosing P arty ; or ( d ) is subsequently disclosed to the Receiving P arty by a Third Party without obligations of confidentiality with respect thereto