definiens: shall mean, with res pect to a party, all information and data that ( a ) is provided by or on behalf of such party to th e other party under this Agreement, and if disclose d in writing or other tangible medium is marked or identified as co nfidential at the time of disclosure to the recipie nt, is acknowledged at the time of disclosure to be confid ential, or otherwise should reasonably be deemed to be confidential, or ( b ) is derived by the recipient fr om the observation or use of the foregoing . Notwith standing the foregoing, Confidential Information of a party shal l not include that portion of such information and data which, and only to the extent, the recipient can establish by written documentation : ( i ) is known to the reci pient as evidenced by its written records before receipt the reof from the disclosing party, ( ii ) is disclosed t o the recipient free of confidentiality obligations by a third pers on who has the right to make such disclosure, ( iii ) is or becomes part of the public domain through no fault of the r ecipient, or ( iv ) the recipient can reasonably esta blish is independently developed by persons on behalf of the recipient without access to or use of the informat ion disclosed by the disclosing party