definiens: means the terms and conditions of this Agreement and any information relating to the subject matter of this Agreement, including but not limited to the Sanquin Technology, provided by the Disclosing Party to the Receiving Party, provided, however, that Confident ial Information shall not include any such information that the Receiving Party can demonstrate : ( a ) was k nown to the Receiving Party at the time of disclosure by th e Disclosing Party ( other than through receipt from the Disclosing Party or its Affiliates ), as can be esta blished by written documentation ; or ( b ) was genera lly available to the public or was otherwise part of the public d omain at the time of such disclosure or became gene rally available to the public or otherwise part of the pu blic domain after such disclosure other than throug h any act or omission of the Receiving Party in breach of this A greement ; or ( c ) became known to the Receiving Part y after disclosure by the Disclosing Party through a non - co nfidential disclosure from a source that was not un der an obligation of confidentiality to the Disclosing Par ty ; or ( d ) was independently developed by the Recei ving Party where such independent development can be establish ed by written documentation