definiens: shall mean, with respect to a party, all informationof any kind whatsoever ( including without limitation ; data, compilations, formulae, models, patent disclosures, procedures, processes, projections, protocols, results of experimentation andtesting, specifications . strategies and techniques ), and all tangible and intangible embodimentsthereof of any kind whatsoever ( including without limitation, apparatus, cOmpOSllJOns, documents, drawings, machinery, patent applications, records and reports ), which is disclosed bysuch party to the other party and is marked, identified as or otherwise acknowledged to beconfidential 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 canestablish by written documentation ( a ) to have been publicly known prior to disclosure of suchinformation 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 thedisclosing party to the other party, ( c ) to have been received by the other party at any time from asource, other than the disclosing party, rightfully having possession of and the right to disclosesuch information, ( d ) to have been otherwise known by the other party prior to disclosure of suchinformation by the disclosing party to the other party, or ( e ) to have been independentlydeveloped by employees or agents of the other party without the use of such informationdisclosed by the disclosing party to the other party