definiens: means know - how, trade secrets, and unpublished information disclosed ( whether before or during the term of this Agreement ) by one of the parties ( the ) to the other party ( the ), and which is marked as proprietary or confidential as provided below, excluding information that : ( a ) was already in the possession of the receiving party prior to its receipt from the disclosing party ( provided that the receiving party is able to provide the disclosing party with reasonable documentary proof thereof ) ; ( b ) is or becomes part ofthe public domain by reason of acts not attributable to the receiving party ; CONFIDENTIAL TREATMENT ( c ) is or becomes available to the receiving party from a source other than the disclosing party which source, to the best of the receiving party 's knowledge, has rightfully obtained such information and has no obligation of nondisclosure or confidentiality to the disclosing party with respect thereto ; ( d ) is made available by the disclosing party to a third party unaffiliated with the disclosing party on an unrestricted basis ; ( e ) is independently developed by the receiving party completely without reference to any Confidential Information of the disclosing party, as evidenced by the receiving party 's written records ; or ( f ) has been or must be publicly disclosed by reason of legal, accounting or regulatory requirements beyond the reasonable control, and despite the reasonable efforts, ofthe receiving party