definiens: means any information, Know - How, or other proprie tary information or materials furnished to one Party ( ) by or on behalf of the other Party ( ) pursuant to this Agreement, except to the extent th at such information or materials : ( a ) was already known to the Receiving Party, other than under an obligat ion of confidentiality, at the time of disclosure b y the Disclosing Party, as demonstrated by competent evidence ; ( b ) w as generally available to the public or otherwise p art of the public domain at the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its discl osure and other than through any act or omission of the Receiving Party in breach of this Agreement ; ( d ) was disclose d to the Receiving Party by a Third Party who had n o obligation to the Disclosing Party not to disclose such inform ation to others ; or ( e ) was subsequently developed by the Receiving Party without use of the Disclosing Party Confidential Information, as demonstrated by compe tent evidence