definiens: shall mean, with re - pect to a party, all information ( and all tangible and intangible embodiments thereof ), that is o\vned or controlled hy such party, is disclosed by or on behalf of such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified as confidential at the time of disclosure to the receiving party or ( if otherwise disclosed ) is identified as confidential at the time of disclosure ( 0 the r ceiving party and described as such in writing within days 71629292.171629 92.2 004 985 - 0000 ( 28 Con tid en tial after such disclosure . Notwithstanding the foregoing, Confidential Information of a party shall not include information which, and only to the extent, the receiving party can establish by written documentation ( a ) h11 been generally known prior to disclosure of snch information by the disclosing party to the receiving party ; ( b ) has become generally known, without the fault of the receiving party, subsequent to disclosure of such information by the disclosing party to the receiving party ; ( c ) has been received by the receiving pnrty at any time from a source, other than the disclosing party, rightfully having possess.jon of and the right to disclose such information free of confidentiality obligations ; ( d ) has been otherwise known by the receiving pru1y free of confidentiality obligations prior to disclosure of such information by the disclosing party to the receiving party ; or ( e ) has been independently developed by employees or others on behalf of the receiving party without use of such information disclosed by the disclosing party to the receiving party ( each, a )