definiens: shall mean, with respect to a party, all information of any kind whatsoever ( including without limitation, compilations, data, formulae, models, patent disclosures, procedures, processes, projections, protocols, results of experimentation and testing, specifications, strategies and techniques ), and all tangible and intangible embodiments thereof of any kind whatsoever ( including without limitation, apparatus, biological or chemical materials, animals, cells, compositions, documents, drawings, machinery, patent applications, records, reports ), which is owned or controlled by such party, is disclosed by such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified as confidential at the time of disclosure to the receiving party or ( if otherwise disclosed ) is identified as confidential at the time of disclosure to the receiving party and described as such in writing within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, Confidential Information of a party shall not include information which the receiving 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 infonnation 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 infonnation free of confidentiality obligations, ( d ) to have been otherwise known by the receiving party free of confidentiality obligations prior to disclosure of such infonnation 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 infonnation disclosed by the disclosing party to the receiving party . The parties acknowledge that the foregoing exceptions shall be narrowly construed and that the obligations imposed upon each party under Section 6 below shall be relieved solely with respect to such Confidential Information of the disclosing party which falls within the above exceptions and not with respect to related portions, other combinations, or characteristics of the Confidential Information of the disclosing party including, without limitation, advantages, operability, specific pwposes, uses and the like