definiens: means any tangible chemical, biological or physicalresearch materials that are furnished by or on behalf of one Party to the otherParty ( the ) in connection with this Agreement, regardless ofwhether such materials are specifically designated as proprietary by thetransferring Party, except to the extent that the materials, ( i ) are already inthe possession of the Receiving Party or its Affiliates, as shown by writtendocumentation, other than by virtue of a prior delivery of such materials to theReceiving Party or its Affiliates from the other Party or one of its Affiliatessubject to confidentiality obligations ; ( ii ) as of the date of disclosure is inthe public domain ( without restriction on use or availability ), or subsequentlyenters the public domain ( without restriction on use or availability ) through nofault or omission of the Receiving Party or any of its Affiliates ; ( iii ) isobtained from a third party having a lawful right to provide such material freefrom any restriction on use ; or ( iv ) is independently developed by or for theReceiving Party without reference to or reliance upon any Proprietary Materialsof the Disclosing Party as demonstrated by clear and convincing evidence