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, lice nsee 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 P arty or its Affiliates other than by virtue of a pr ior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is in, or subsequently en ters, the public domain, through no fault or omission of the Receivi ng Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligat ion of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Par ty without reference to or reliance upon any Confid ential Information of the Disclosing Party