definiens: means ( a ) with respect to ILl, all tangible embodiments of Licensed Technology and Licensed Patents ; and ( b ) with respect to each Party, all information and Technology disclosed or provided by or on behalf of such Party ( the ) to the other Party ( the ) or to any of the Receiving Party 's employees, consultants, Affiliates or sublicensees pursuant to or in connection with this Agreement ; provided, that, none of the foregoing shall be Confidential Information if : ( i ) as of the date of disclosure, it is known to the Receiving Party or its Affiliates as demonstrated by contemporaneous written documentation, other than by virtue of a prior confidential disclosure 2 CONFIDENTIAL TREATMENT REQUESTED to such Receiving Party ; ( ii ) as of the date of disclosure it is in the public domain, or it subsequently enters the public domain through no fault of the Receiving Party ; ( iii ) it is obtained by the Receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( iv ) it is independently developed by or for the Receiving Party without reference to or use of any Confidential Information of the Disclosing Party as demonstrated by contemporaneous written documentation . For purposes of clarity, the terms of this Agreement shall constitute Confidential Information of each Party