definiens: shall mean all Information, and other information and materials, received by either Party from the other Party pursuant to this Manufacturing Agreement, other tha n that portion of such information or materials that : ( a ) is publicly disclosed by the disclosing Party, either before or after it becomes known to the receiving P arty ; ( b ) was known to the receiving Pa rty, without obligation to keep it confidential, prior to when it was received from the disclosing Party, as shown by written records predating such receipt ; ( c ) is subsequently disclosed to the receiving Party by a Third Party lawfully in possession thereof without obligation to keep it confidential ; ( d ) has been publicly disclosed o ther than by the disclosing Party and without breach of an obligation of confid entiality with respect thereto ; or ( e ) has been independently develo ped by the receiving Party without the aid, application or use of Confidential Information, as demonstrated by competent written proof contemporaneous with suc h development