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 suitable physical evidence that such information, ( a ) as of the date of disclosure is demonstrably known to the Receiving P arty or its Affiliates other than by virtue of a pr ior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is in, or subsequently en ters, the public domain, through no fault or omission of the Receivi ng Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligat ion of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Par ty without reference to or reliance upon any Confid ential Information of the Disclosing Party