definiens: means all information received by either Party from the other Party or disclosedby either Party to the other Party pursuant to this Agreement, in each case, which information is disclosed undercircumstances reasonably indicating that it is confidential . As between the Parties, the KHK Agreement is theConfidential Information of - 2 -AVEO . Notwithstanding the foregoing, Confidential Information shall not include information that, in each case asdemonstrated by competent written documentation:(a ) is publicly disclosed and made generally available to the public by the disclosing Party, either before orafter it becomes known to the receiving Party;(b ) was known to the receiving Party, without obligation to keep it confidential, prior to the date of disclosureby the disclosing Party;(c ) is subsequently disclosed to the receiving Party by a Third Party lawfully in possession thereof withoutobligation to keep it confidential and without a breach of such Third Party ’s obligations of confidentiality;(d ) has been publicly disclosed or made generally available to the public other than through any act oromission of the receiving Party in breach of this Agreement ; or(e ) has been independently developed by the receiving Party without the aid, application or use of thedisclosing Party ’s Confidential Information ( the competent written proof of which must be contemporaneous with suchindependent development )