definiens: shall mean with respect to a Party ( the ), all information which is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, I CONl'JI)ENTlA L TREATMENT REQUESTED licensees or sublicensees, except to the extcnt that the Receiving Party can demonstrate by written record oT other suitable physical evidence that such information, ( 8) as of the date of disclosure is demonstrably known to the Receiving Party Of its Affiliates other than by virtue of a prior confidential disclosure to such 11arty or its Affiliates ; ( b ) as of the dute of disclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party . Any infonnation in relation to the subject mallcr of this Agreement disclosed by a Party under that certain Mutual Confidentiality Agreement between the parties dated the 10th day of August 2007 shall,, ubjectto the foregoing exceptions, be considered Confidential Inionnation for purpose of this Agreement