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, licensee or Sublicensees, except to the extent that theReceiving Party can demonstrate by written record or other suitable physicalevidence that such information, ( a ) as of the date of disclosure is demonstrablyknown to the Receiving Party or its Affiliates other than by virtue of a priorconfidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosureis in, or subsequently enters, the public domain, through no fault or omission of theReceiving Party ; ( c ) is obtained from a Third Party having a lawful right to makesuch 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 orreliance upon any Confidential Information of the Disclosing Party