definiens: shall mean, with respect to a party, all information of any kind whatsoever, and all tangible and intangible embodiments thereof of any kind whatsoever ( including without limitation, customer information, financial information, documents, drawings, machinery, patent applications, records, reports ), which is disclosed by such party ( the ) to the other party ( the ) . Notwithstanding the foregoing, Confidential Information of a party shall not include information which the other party can establish by written documentation ( a ) to have been publicly known prior to disclosure of such information by the Disclosing Party to the Receiving Party, ( b ) to have become publicly known, without fault on the part of the Receiving Party, subsequent to disclosure of such information by the Disclosing Party to the Receiving Party, ( c ) to have been received by the Receiving Party at any time from a source, other than the Disclosing Party, rightfully having possession of and the right to disclose such information, ( d ) to have been otherwise known by the Receiving Party 5.2 prior to disclosure of such information by the Disclosing Party to the Receiving Party, or ( e ) to have been independently developed by employees or agents of the Receiving Party without access to or use of such information disclosed by the Disclosing Party to the Receiving Party . Notwithstanding anything to the contrary set forth above, shall not include any information provided to [COMPANY] under Sections 3.5, 3.9, or 8.3(d )