definiens: means any information, Know - How or other proprietary information ormaterials furnished to one Party by the other Party pursuant to this Agreement, except to the extent that it can beestablished by the receiving Party that such information or materials : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the other Party as demonstrated bycompetent business records ; ( b ) was generally available to the public or otherwise part of the public domain at thetime of its disclosure to the receiving Party ; ( c ) became generally available to the public or otherwise part of the publicdomain after its disclosure and other than through any act or omission of the receiving Party in breach of thisAgreement ; ( d ) was disclosed to the receiving Party by a Third Party who had no obligation to the disclosing Party notto disclose such information to others ; or ( e ) was subsequently developed by the receiving Party without use of theConfidential Information as demonstrated by competent business records