definiens: shall mean with respect to a Party ( the ), all information which is disclosed by the other Party ( the ) to the Receiving Party here under or to any of its employees, consultants, Affiliates, lice nsees or sublicensees, except to the extent that th e Receiving Party can demonstrate by written record or other su itable physical evidence that such information, ( a ) as of the date of disclosure is demonstrably known to the Rec eiving Party or its Affiliates other than by virtue of a prior confidential disclosure to such Party or its Affili ates ; ( b ) as of the date of disclosure is in, or su bsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third P arty having a lawful right to make such disclosure free from an y obligation of confidentiality to the Disclosing P arty ; or ( d ) is independently developed by or for the Receiv ing Party without reference to or reliance upon any Confidential Information of the Disclosing Party