definiens: shall mean all info rmation and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing or other tangible medium is m arked or identified as confidential at the time of disclosur e to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be dee med to be confidential . Notwithstanding the foregoi ng, Confidential Information of a party shall not inclu de 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 recipient as evi denced by its written records before receipt thereof from the dis closing party, ( ii ) is disclosed to the recipient f ree of confidentiality obligations by a third person who h as the right to make such disclosure, ( iii ) is or b ecomes part of the public domain through no fault of the recipient, or ( iv ) the recipient can reasonably establish is independently developed by persons on behalf of recipient without use of the information disclosed by the disclosing party