definiens: shall mean with respect to a Party ( the ), all information which is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensees or sublicensees, except to the extent that the Receiving Party can demonstrate by written record or other suitable physical evidence that such information, ( a ) as of the date of disclosure is demonstrably known to the Receiving Party or its Affiliates other than by virtue of a prior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for 1 CONFIDENTIAL TREATMENT REQUESTED the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party . Any information in relation to the subject matter of this Agreement disclosed by a Party under that certain Mutual Confidentiality Agreement between the parties dated the 2d day of July 2007 shall, subject to the foregoing exceptions, be considered Confidential Information for purpose of this Agreement