definiens: shall mean the terms of this Agreement and any other information identified by [COMPANY] as being confidential infor mation of [COMPANY], that is provided by [COMPANY] to Sunshine pursuant to this Agreement . This Agreement imposes no obligation upon Sunshine with respect t o Confidential Information that : ( a ) was in Sunshine ’ possession before receipt from [COMPANY] ; ( b ) is o r becomes a matter of public knowledge or part of the public domain through no fault of Sunshine ; ( c ) is rightfu lly received by Sunshine from a third party who was not obligate d to keep such information confidential ; ( d ) is ind ependently developed by Sunshine without reference to Confiden tial Information as evidenced by written documentat ion and by persons that had not had access to Confident ial Information ; or ( e ) is disclosed by Sunshine wi th [COMPANY] ’s prior written approval . Upon [COMPANY] ’ s request, Sunshine shall either return or destroy within ten ( 10 ) days of such request all records and copies of Confidential Information and provide written notic e certifying the same to [COMPANY]