definiens: means any and al l proprietary or confidential scientific, clinical, regulatory, marketin g, financial and commercial information or data, whether communicated in writing, orally or by any other means, provided by one Party to the other Party in connection with this Agreement . Proprietary Informati on will not include information, as documented by written reco rds, that : ( a ) is known by the receiving Party at th e time of its receipt, and not through a prior disclosure by the disclosing Party ; ( b ) is in the public domain without the f ault of the receiving Party or its Affiliates or agents ; ( c ) is subsequently disclosed to a receiv ing Party by a Third Party who may lawfully do so and is not und er an obligation of confidentiality to the disclosing Par ty ; or ( d ) is developed by the receiving Party i ndependently of Proprietary Information received from the other P arty