definiens: means ( a ) with respect to SYNTA, ( i ) all tangible embodiments of SYNTATechnology and ( ii ) all other information and Technology that is disclosed or provided by or on behalf of SYNTA to [COMPANY] orto any of [COMPANY] ’s employees, consultants, Affiliates or Sublicensees ; ( b ) with respect to [COMPANY], ( i ) all tangible embodiments ofGSK Technology and ( ii ) all other information and Technology that is disclosed or provided by or on behalf of [COMPANY] toSYNTA or to any of SYNTA ’s employees, consultants, Affiliates or sublicensees ; and ( c ) with respect to each Party, alltangible embodiments of Joint Technology ; provided, that, none of the foregoing shall be Confidential Information if : ( A ) asof the date of disclosure, it is known to the receiving Party or its Affiliates as demonstrated by contemporaneous crediblewritten documentation, other than by virtue of a prior confidential disclosure to such receiving Party ; ( B ) as of the date ofdisclosure it is in the public domain, or it subsequently enters the public domain through no fault of the receiving Party ; ( C ) itis obtained by the receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation ofconfidentiality to the disclosing Party ; or ( D ) it is independently developed by or for the receiving Party without reference toor use of any Confidential Information of the disclosing Party as demonstrated by contemporaneous credible writtendocumentation