definiens: means ( a ) with respect to ARCHEMIX, all tangible embodiments of ARCHEMIXTechnology, ( b ) with respect to MERCK, all tangible embodiments of MERCK Technology and ( c ) with respect to each Party,(i ) all tangible embodiments of Joint Technology and ( ii ) all information, Technology and Proprietary Materials disclosed orprovided by or on behalf of such Party ( the ) to the other Party ( the ) or to any of thereceiving Party ’s employees, consultants, Affiliates or sublicensees ( or Sublicensees, as the case may be ) ; provided, that, noneof the foregoing shall be Confidential Information if : ( A ) as of the date of disclosure, it is known to the receiving Party or itsAffiliates as demonstrated by contemporaneous credible written documentation, other than by virtue of a prior confidentialdisclosure to such receiving Party ; ( B ) as of the date of disclosure it is in the public domain, or it subsequently enters thepublic domain through no fault of the receiving Party ; ( C ) it is obtained by the receiving Party from a Third Party having alawful right to make such disclosure free from any obligation of confidentiality to the disclosing Party ; or ( D ) it isindependently developed by or for the receiving Party without reference to or use of any Confidential Information of thedisclosing Party as demonstrated by contemporaneous credible written documentation . For purposes of clarity, unlessexcluded from Confidential Information pursuant to the proviso at the end of the preceding sentence, any scientific, technicalor financial information of a Party that is disclosed at any meeting of the JSC, JPT or JMC or disclosedPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to theCompany ’s application requesting confidential treatment under Rule 406 of the Securities Act