definiens: means information disclosed ( whether in writing, electronically, orally or by observation ) by one Party ( the ) to the other Party ( the ) unless in each case such information, as shown by competent eviden ce : ( a ) was known to the Receiving Party or to the general public prior to the Disclosing Party ’s disclosure, as demonstrated by contemporaneous writ ten records ; ( b ) became known to the general public, after the Discl osing Party ’s disclosure hereunder, other than through a breach of the confidentiality provisions of this Agreement by the Receiving Party or any Per son to whom such Receiving Party disclosed such informa tion ; ( c ) was subsequently disclosed to the Receiving Party b y a Person having a legal right to disclose, without any restrictions, such information ; or ( d ) was developed by the Receiving Party independent of the Disclosing Party ’s Confidential Information