definiens: shall mean, with respect to a Party, all information ( and all tangible and intangibleembodiments thereof ), which is owned or controlled by such Party, and ( x ) was disclosed by such Party to the other Party asconfidential information pursuant to the OCA or ARCA or ( y ) is disclosed by such Party to the other Party pursuant to thisAgreement . Notwithstanding the foregoing, Confidential Information of a Party shall not include information which, and onlyto the extent, the receiving Party can establish by written documentation ( a ) has been generally known prior to disclosure ofsuch information by the disclosing Party to the receiving Party ; ( b ) has become generally known, without the fault of thereceiving Party, subsequent to disclosure of such information by the disclosing Party to the receiving Party ; ( c ) has beenreceived by the receiving Party at any time from a source, other than the disclosing Party, rightfully having possession of andthe right to disclose such information free of confidentiality obligations ; ( d ) has been otherwise known by the receiving Partyfree of confidentiality obligations prior to disclosure of such information by the disclosing Party to the receiving Party ; or(e ) is independently developed without reference to or use of the Confidential Information of the disclosing Party . For clarity, except as otherwise expressly provided in this Agreement, Sunesis Collaboration Technology, Joint CollaborationTechnology and the Licensed Pre - Existing Technology shall be deemed Confidential Information of both [COMPANY] Idec andSunesis . For clarity, [COMPANY] Idec Collaboration Technology shall be deemed Confidential Information solely of [COMPANY] Idec