definiens: shall mean all information and data that ( a ) is provided by one Party tothe other Party under this Agreement in any form, whether oral, visual or other form, and ( b ) if disclosed in writing orother tangible medium is marked or identified as confidential at the time of disclosure to the recipient, isacknowledged at the time of disclosure to be confidential, or otherwise should reasonably be deemed to beconfidential . Notwithstanding the foregoing, Confidential Information of a Party shall not include that portion of suchinformation and data which, and only to the extent, the recipient can establish by written documentation : ( i ) is knownto the recipient as evidenced by its written records before receipt thereof from the disclosing party, ( ii ) is disclosed tothe recipient free of confidentiality obligations by a third person who has the right to make such disclosure, ( iii ) is orbecomes part of the public domain through no fault of the recipient, or ( iv ) the recipient can reasonably establish isindependently developed by persons on behalf of recipient without access to or use of the information disclosed bythe disclosing party ( each, a )