definiens: means all confidential information of the Disclosin g Party or its Affiliates, regardless of its form or medium as pro vided to the Receiving Party or its Affiliates in c onnection with this Agreement ; provided that, Confidential In formation shall not include any information that th e Receiving Party can show by competent evidence : ( i ) is already 3 known to the Receiving Party at the time it is disc losed to the Receiving Party by the Disclosing Part y ; ( ii ) is or becomes generally known to the public through no ac t or omission of the Receiving Party in violation o f the terms of this Agreement ; ( iii ) has been lawfully re ceived by the Receiving Party from a Third Party wi thout restriction on its disclosure and without, to the k nowledge of the Receiving Party, a breach by such T hird Party of an obligation of confidentiality to the Disclosi ng Party ; or ( iv ) has been independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party