definiens: with respect to a disclosing Party means all Proprietary Information, in any form or media, concerning the disclosing Party or its Affiliates that the disclosing Party or its Affiliates furnishes to the recipient, whether furnished before or after the Effective Date, and all notes, analyses, compilations, studies and other materials, whether prepared by the recipient or others, that contain or reflect such Proprietary Information ; provided, however, that Confidential Information does not include information that ( a ) is or hereafter becomes generally available to the public other than as a result of a disclosure by the recipient, ( b ) was already known to the recipient prior to receipt from the disclosing Party as evidenced by prior written documents in its possession not subject to an existing confidentiality obligation to the disclosing Party, ( c ) is disclosed to the recipient on a non -confidential basis by a Person who is not in default of any confidentiality obligation to the disclosing Party, or ( d ) is independently developed by or on behalf of the recipient without reliance on information received hereunder