definiens: of a Party means all confidential or proprietary Information received or otherwiseobtained by the other Party from such Party or its Affiliates pursuant to this Agreement, but excluding any specific Informationthat:(a ) is now, or hereafter becomes, generally available to the public through no fault of the receiving Party, or itsAffiliates, or any entity that obtained such information or materials from the disclosing Party;(b ) the receiving Party or its Affiliates already possesses, as evidenced by its written records, prior to receipt thereoffrom the disclosing Party;(c ) is obtained without restriction from a Third Party that had the legal right to disclose the same to the receivingParty or its Affiliates ; or(d ) has been independently developed by the receiving Party or its Affiliates without the aid, application or use ofany Confidential Information of the disclosing Party, as demonstrated by competent written proof