definiens: means all information which the disclosing ' Party could reasonably expect to be deemed confidential ( e.g., TDCC Know - How, DIVERSA Know­How, scientific, technical, or non - technical data, Intermediates, APls, business plans, identity of a Sublicensee, finanCial projections, and marketing and sales information ) disclosed by one Party to the other, whether disclosed or provided in oral, written ( including but not limited to electronic, facsimile, paper or other means ), graphic, photographic or any other form, except to the extent that such information : a ) as of the date of disclosure is known to the receiving Party as shown by written documentation, other · than by virtue of a prior confidential disclosure from the disclosing Party to the receiving Party ; b ) as of the date of disclosure is in, or subsequently enters, the public domain through no fault or omission of the receiving Party ; c ) . as of the date of disclosure or thereafter is obtained from a Third Party free from any obligation of confidentiality ; or d ) as of the date of disclosure or thereafter is developed by the receiving Party independent of the disclosure by the disclosing Par)y as evidenced by written dooom~~~ .