definiens: shall mean all information and/or technical data that is d isclosed by one party hereto to the other party hereto pursuant to this < PAGE > Agreement, whether written or oral, that the disclosing party treats as confidential and identifies as such ( by marking written information and if oral, by promptly reducing it to writing and marking it ), other than ( i ) information known to the receiving party or its Affili ates prior to the disclosure of such information to such party, provided said prior knowledge is supportable by documentary evidence, ( ii ) information which at the time of the disclosure is generally kn own to the public, provided that such public knowledge does not result from any act or disclosure by the receiving party or one of its Affiliates in violation of the terms of this Agreement or of any ot her confidentiality obligation owed to the disclosing party, ( iii ) information that can be shown to be independently discovered, after the date hereof, by a party, or one of its Affiliates, without the aid, application or use of the disclosed information, or ( iv ) information obtained by the receiving party from a third party that is determined to be in lawful possession of such infor mation, provided such third party is not in violation of any contractual or legal obligation to the disclosing party or one of its Affiliates with respect to such information