definiens: means any i nformation disclosed by one Party to the other Part y. For avoidance of doubt, all executed Batch Log Records for [COMPANY], Specifications and [COMPANY] IP shal l be deemed the Confidential Information of NeurogesX. H owever, for any API batches not entirely purchased by [COMPANY], and where a portion of the remaining qua ntity is purchased by a third party, Supplier shall be allowed to disclose to that third party, pursuant t o a non - disclosure agreement between Supplier and s uch third party, the Certificate of Analysis and Batch Log Re cords for that specific API batch . Notwithstanding the foregoing or anything herein to the contrary, Confi dential Information shall not include any informati on that, in each case as demonstrated by written documentation : ( a ) was already known to the receiving Party, othe r than under an obligation of confidentiality, at the time of disclosure ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became g enerally available to the public or otherwise part of the pu blic domain after its disclosure and other than thr ough any act or omission of the receiving Party in breach of thi s Agreement ; or ( d ) was subsequently lawfully discl osed to the receiving Party by a person other than the disclosi ng Party