definiens: means ( a ) with respect to WARATAH, all embodiment s of WARATAH Technology and WARATAH shall be deemed the and ELAN the with respect thereto ; ( b ) with respect to ELAN, all CONFIDENTIAL 3 embodiments of ELAN Technology and ELAN shall be de emed the and WARATAH the with respect thereto ; and ( c ) wit h respect to each Party, each of which shall be dee med both the and with r espect thereto, ( i ) all embodiments of Joint Techno logy, ( ii ) all information, including, without limitation, information concerning the business or operations, patents and patent positioning, strategic plans or business opp ortunities of a Party or its Affiliates, Technology and Proprietary Materials, to the extent not described in ( a ) or ( b ), disclosed or provided by or on behal f of a Disclosing Party to a Receiving Party or to any of the Receiving Party ’s employees, consultants, Affil iates or Sublicensees, ( iii ) the terms of this Agreement, ( i v ) confidential information disclosed pursuant to t he Confidentiality Agreements and ( v ) all Technology g enerated hereunder in connection with the Developme nt and the Commercialization of the Product ; provided that none of the foregoing shall be Confidential In formation if : ( A ) as of the date of disclosure, it is known t o the Receiving Party or its Affiliates, as demonst rated by credible written documentation, other than by virtu e of a prior confidential disclosure by or on behal f of the Disclosing Party ; ( B ) as of the date of disclosure it is in the public domain, or it subsequently ente rs the public domain through no unauthorized disclosure and no fa ult of the Receiving Party ; ( C ) it is obtained by t he Receiving Party from a Third Party having a lawful right to make such disclosure free from any obligat ion of confidentiality to the Disclosing Party ; or ( D ) it is independently developed by or for the Receiving Party without benefit from, reference to or use of any Co nfidential Information of the Disclosing Party as demonstrated by credible written documentation