definiens: means know - how . trade secrets, and unpublished infolTIlation disclosed ( whether before or during the tClTIl of this Agreement ) by one of the parties ( the ) to the other party ( the ) or generated under lhi~ Agreement, IO, iJO excluding infolTIlalillll which : .';- . ' . ~ 1 ( a ) was already in the possession of r ~ ceiving party prior to its rec ~ ipt from the disclosing party ( providod ! hat the receiving party is able to provide the disclosing party with re ~ nable documentary proof thereof and, if received from a third party, that stICh mfomlation was acquired without any party 's breach of a confidenliality or non - disclosure obligation to the disclosing party related to such information ) ; ( b ) is or becomes part of the public domain by rcasotl of acts not attributable to ! he receiving party ; ( c ) is or becomes available to receiving party from a source other than the disclosing party which source, has rightfully obtained such infonnation and has no obligation of non - disclosur e or confidentiality to the disclosing party with respect thereto ; or ( d ) has been independently developed by the receiving party without breach of this Agreement or usc of any Confidential Tnfonnation orthe othOl " party