definiens: ) pursuant to this Agreement . For purposes of this Article 4, shall mean any information disclosed by the Disclosing Party to the Receiving Party pursuant to this Agreement . Notwithstanding the foregoing, Confidential Information shall not include any information that, in each case as demonstrated by written documentation : ( i ) was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure ; ( ii ) was generally available to the public or othelWise part of the public domain at the time of its disclosure to the Receiving Party ; ( iii ) became generally available to the public or othelWise part of the public domain after its disclosure and other than through any act or omission of the Receiving Party in breach of this Agreement ; ( iv ) was subsequently lawfully disclosed to the Receiving Party by a third party who did not acquire it directly or indirectly from the Disclosing Party ; or ( v ) was developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party