definiens: means ( a ) all informationdisclosed to the Receiving Party by the Disclosing Party in connection with this Agreement, ( b ) all informationdisclosed to the Receiving Party by the Disclosing Party under the License Agreement or the ConfidentialityAgreement entered into by the Merck Serono and [COMPANY] on April 19, 2004 ( the ), and(c ) all memoranda, notes, analyses, compilations, studies and other materials prepared by or for the Receiving Partyto the extent containing or reflecting the information in the preceding clause ( a ) or ( b ) . Notwithstanding the foregoing, Confidential Information shall not include information that, in each case as demonstrated by competent writtendocumentation:(i ) is or hereafter becomes generally available to the public by use, publication, general knowledge orthe like other than by breach by the Receiving Party of the terms of this Article IX or the confidentiality provisions ofthe License Agreement or the Confidentiality Agreement;(ii ) is received from a Third Party, other than a Representative of, or any other Person that disclosedConfidential Information on behalf of, the Disclosing Party, that is lawfully in possession of such information and isnot in violation of any Contractual or legal obligation of confidentiality between such Third Party and the DisclosingParty with respect to such information;(iii ) was already in the possession of the Receiving Party prior to receipt from the Disclosing Party asshown in the written records of the Receiving Party or by other competent evidence ; or(iv ) is or was independently developed by the Receiving Party without use or reference to ConfidentialInformation of the Disclosing Party, as shown in the written records of the Receiving Party or other competentevidence