definiens: means ( a ) with respect to [COMPANY], the identity of the Licensed Target ; and ( b ) withrespect to each Party, all information and Technology which is disclosed by or on behalf of such Party ( in such capacity, the ) or its Affiliates to the other Party ( in such capacity, the ) or its Affiliates hereunder orto any of the Receiving Party ’s or its Affiliates ’ employees, consultants or subcontractors ( collectively, ), except to the extent that the Receiving Party can demonstrate by contemporaneous written record or other suitable physicalevidence that such information, ( i ) as of the date of disclosure is known to the Receiving Party or its Affiliates other than byvirtue of a prior confidential disclosure by or on behalf of the Disclosing Party to the Receiving Party or its Affiliates ; ( ii ) asof the date of disclosure is in, or subsequently enters, the public domain through no fault or omission of the Receiving Partyor its Affiliates or their respective Representatives ; ( iii ) is obtained by the Receiving Party or its Affiliates from a Third Partywithout breach of any duty and without restriction on disclosure to or from the Disclosing Party ; or ( iv ) is independentlydeveloped by or for the Receiving Party or its Affiliates without benefit of, reference to or reliance upon any ConfidentialInformation of the Disclosing Party