definiens: shall mean all confi dential or proprietary information, whether written or oral . Notwithstanding the foregoing, Confidential I nformation shall not include information ( i ) which was publicly known prior to initial disclosure of such informati on by a disclosing Person, ( ii ) that has become pub licly known, in print or other tangible form, without any act or omission of any Person other than the disclosing P erson, ( iii ) received by a receiving party without restriction a t any time from a third party, other than the discl osing party, rightfully having possession of and the right to di sclose such information, ( iv ) shown to have been ot herwise known by the receiving party prior to disclosure of such information by the disclosing party to the re ceiving party, or ( v ) shown to have been independently developed b y employees or agents of the receiving party withou t access to or use of such information of the disclosing par ty