definiens: shall mean all information disclosed ( x ) hereunder in writing and identified as beingconfidential or, if disclosed orally, visually or through some other media, is identified as confidential at the time of disclosureand ( y ) prior to the Effective Date by or on behalf of either Party or its Affiliates to the other Party or its Affiliates under, andsubject to, the Confidentiality and Non - Use Agreement between Durata and [COMPANY], Inc., an Affiliate of [COMPANY], dated [ * * ] ( the ), except any portion thereof which:(a ) is known to the recipient at the time of the disclosure, as evidenced by its written records or other competentevidence;(b ) is disclosed to the recipient by a Third Party lawfully in possession of such information and not under anobligation of nondisclosure;(c ) is or becomes patented, published or otherwise part of the public domain through no fault of the recipient or itsAffiliates ; or(d ) is developed by or for the recipient without access to or use of the disclosing Party ’s Confidential Information, as evidenced by the recipient ’s written records or other competent evidence