definiens: shall mean, with respect to a Party, all information of any kind whatsoever, and all tangible and intangible embodiments thereof of any kind whatsoever, which is disclosed by such Party to the other Party and is marked, identified as or otherwise acknowledged to be confidential at the time of disclosure to the other Party . Notwithstanding the foregoing, Confidential Information of a Party shall not include information which the other Party can establish by written documentation ( a ) to have been publicly known prior to disclosure to such information by the disclosing Party to the other Party, ( b ) to have become publicly known, without fault on the part of the other Party, subsequent to disclosure of such information by the disclosing Party to the other Party, ( c ) to have been received by the other Party without obligation of confidentiality at any time from a source, other than the disclosing Party, rightfully having possession of and the right to disclose such information, ( d ) to have been otherwise known by the other Party prior to disclosure of such information by the disclosing Party to the other Party, or ( e ) to have been independently developed by persons on behalf of the other Party without access to or use or benefit of such information disclosed by the disclosing Party to the other Party . For purposes of this Agreement, all information disclosed pursuant to the [ Mutual Confidentiality Agreement entered into by and between the Purchaser and Seller dated July 1,2004 ] shall constitute Confidential Information of the disclosing Party, subject to the provisions of clauses ( a ) and ( b ) of the second sentence of this definition . For purposes of this Agreement, the following shall constitute Confidential Information of Purchaser, subject to the provisions of clauses ( a ) and ( b ) of the second sentence of this definition : ( i ) the Assets, ( ii ) all information disclosed to Purchaser pursuant to the Technology Transfer Agreement, ( iii ) all information disclosed to Purchaser pursuant to Section 5.2 or 5.3 of this Agreement, and ( iv ) all information generated by Seller pursuant to any Assumed Contract or Retained Contract