definiens: shall mean with respect to a Party ( the ), all information and materials ( including compositions of matter, as says and biological materials ( if any ) ) which are disclosed by another Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensees or, i n the case of MIOL, Third - Party Manufacturers or Sub - Distributors, except to the extent that the Rec eiving Party can demonstrate by written record or other suitable physical evidence that such informat ion, ( i ) as of the date of disclosure is demonstrab ly known to the Receiving Party or its Affiliates othe r than by virtue of a prior confidential disclosure to the Receiving Party or its Affiliates by the Disclo sing Party ; ( ii ) as of the date of disclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( iii ) is obtained from a Third Party having a lawful right t o make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( iv ) is independently developed by or for the Receiving Pa rty without reference to or reliance upon any Confident ial Information of the Disclosing Party