definiens: meansany information and materials disclosed or made available to one Party by or onbehalf of the other Party in connection with this Agreement, whether disclosed inwriting, orally or by any other means and regardless of the date it was disclosed, except to the extent that it can be established by the receiving Party that suchConfidential Information : 10.1.1is in the lawful knowledge or possession of the receiving Party prior to thetime it was disclosed to, or learned by, the receiving Party ; 10.1.2is developed independently by the receiving Party by an employee with noknowledge of the disclosure ; 10.1.3was generally available to the public or otherwise part of the public domain atthe time of its disclosure to the receiving Party ; 10.1.4became generally available to the public or otherwise part of the publicdomain after its disclosure and other than through any act or omission of thereceiving Party in breach of this Agreement ; or 10.1.5is disclosed to the receiving Party, other than under an obligation ofconfidentiality, by a Third Party who has the lawful power to disclose suchinformation to the receiving Party