definiens: means information received ( whether disclosed in w riting, electronically, orally or by observation ) by one Party ( the ) from the other Party ( the ) that the Disclosing Party reasonably considers proprieta ry and confidential unless in each case such inform ation, as shown by competent evidence : ( a ) was known to the Receiving Party or to the publ ic prior to the Disclosing Party ’s disclosure, as demonstrated by contemporaneous written records ; ( b ) became known to the public, after the Disclosin g Party ’s disclosure hereunder, other than through a breach of the confidentiality provisions of this Agreement by the Receiving Party or any Per son to whom such Receiving Party disclosed such informa tion ; ( c ) was subsequently disclosed to the Receiving Par ty by a Person having a legal right to disclose, without any restrictions, such information or data ; or ( d ) was developed by the Receiving Party independen t of the Disclosing Party ’s Confidential Information