definiens: means ( a ) the existence, terms and conditions of this Agreement ( which shall constitute Conﬁdential Information ofeach Party ) and ( b ) all information disclosed by either Party ( the ) to the other Party hereunder ( the ), inwriting, orally, visually and/or in another form or any information seen while on the premises of either Party, including reports provided by eitherParty to the other Party under this Agreement, except any portion thereof which : ( i ) is known to the Receiving Party, as evidenced by its written records, before receipt thereof under this Agreement ; ( ii ) is disclosed without restriction after execution of this Agreement to the Receiving Party by a Third Party ( as hereinafter deﬁned ) whohas the right to make such disclosure ; ( iii ) is or becomes part of the public domain through no breach of this Agreement or fault of the Receiving Party ; or ( iv ) is independently developed by or for the Receiving Party by individuals or entities without reference to or use of the informationdisclosed to the Receiving Party hereunder, as evidenced by its written records