definiens: means all information and Technology disclosed or provided by, or on behalf of a Party ( the ) to the o ther Party ( the ) or to any of the Receiving Party ’s employees, consultants, Affiliates or subli censees 3 pursuant to or in connection with this Agreement ; p rovided, that, none of the foregoing shall be Confi dential Information if : ( a ) as of the date of disclosure, i t is known to the Receiving Party or its Affiliates, as demonstrated by credible written documentation, oth er than by virtue of a prior confidential disclosur e to such Receiving Party ; ( b ) as of the date of disclosure i t is in the public domain or it subsequently enters the public domain other than through a breach by the Receiving Party or its Affiliates of a contractual obligatio n ; ( c ) it is obtained by the Receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Par ty or its Affiliates ; or ( d ) it is independently de veloped by or for the Receiving Party or its Affiliates without r eference to or use of any Confidential Information of the Disclosing Party or its Affiliates as demonstrated by credible written documentation . For purposes of clarity, unless excluded from Confidential Information pursu ant to the provisos of the preceding sentence, any scientific, technical or financial information Controlled by a Disclosing Party and disclosed at any meeting of th e Parties or disclosed through an audit report shall constitute Confidential Information of the Disclosing Party