definiens: means any and all non - pUblic and proprietary Information that is disclosed by a Party to another Party in connection with this Agreement, including, without limitation, all Information disclosed under Article 2 . Notwithstanding the foregoing, Confidential Information shall not include any part of such Information that : ( a ) Was already known to the receiving Party as evidenced by the receiving Party 's written records, other than under an obligation of confidentiality, at the time of disclosure ; ( b ) Was generally available to the public or was otherwise part of the public domain at the time of disclosure of such Infonnation to the receiving Party ; ( c ) Became generally available to the public or otherwise becomes part of the public domain after disclosure of such Infonnation and other than through any act or omission of the receiving Party in breach of this Agreement ; ( d ) Was subsequently lawfully disclosed to the receiving Party by a Third Party other than in contravention of a confidentiality obligation of such Third Party to the disclosing Party ; or ( e ) Was developed or discovered by employees of the receiving Party or Affiliates of the receiving Party who had no access to the Confidential Information of the disclosing Party as evidenced by the written records of the receiving Party