definiens: shall mean any information, samples or othermaterials, which if disclosed in tangible form is marked 14 * Confidential TreatmentRequested . or with other similar designation to indicate its confidential or proprietary nature, or, if disclosed orally, isindicated orally to be confidential or proprietary at the time of such disclosure and is confirmed in writing asconfidential or proprietary within [ * ] after such disclosure . Notwithstanding the foregoing, Confidential Information shallnot include any information that can be established by the receiving Party by competent proof that such information:(a ) was already known to the receiving Party, other than under an obligation of confidentiality, at thetime of disclosure;(b ) was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the receiving Party;(c ) became generally available to the public or otherwise part of the public domain after its disclosureand other than through any act or omission of the receiving Party in breach of this Agreement;(d ) was independently developed by the receiving Party as demonstrated by documented evidenceprepared contemporaneously with such independent development ; or(e ) was disclosed to the receiving Party, other than under an obligation of confidentiality, by a ThirdParty who had no obligation to the disclosing Party not to disclose such information to others