definiens: means Know - How and all information and data provided by a Party ( the ) or its Representatives to the other Party ( the ) or its Representatives, including the terms, conditions and existence of this Agreement and information of a third party that the Disclosing Party or its Representatives has an obligation to maintain in confidence, except any portion thereof which : ( i ) is known to the Receiving Party or its Affiliates as evidenced by its written records before receipt thereof from the Disclosing Party ; ( ii ) is disclosed to the Receiving Party or its Affiliates after acceptance of this Agreement by a third person ( other than its Representatives with respect to information disclosed pursuant to this Agreement ) who has the right to make such disclosure ; ( iii ) is or becomes part of the public domain through no fault of the Receiving Party or its Representatives ; or ( iv ) which the Receiving Party can reasonably establish is independently developed by employees of the Receiving Party or its Affiliates who have not had access to the information disclosed hereunder