definiens: means any confidential o r proprietary information of a Party, whether in or al, written, graphic or electronic form . Confidential I nformation shall not include any information which the receiving Party can prove by competent evidence : ( a ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available ; ( b ) is known by the receiving Party at the time of receiving such information, as evidenced by its wri tten records maintained in the ordinary course of busine ss ; ( c ) is hereafter furnished to the receiving Party b y a Third Party, as a matter of right and without r estriction on disclosure ; ( d ) is independently developed by the receiving Par ty, as evidenced by its written records maintained in the ordinary course of business, without knowledge of, and without the aid, application or use of, the disclosing Party ’s Confidential Information ; or ( e ) is the subject of a written permission to discl ose provided by the disclosing Party