definiens: means all information and Technology disclosed or provided by, or on behalf of a Party ( the ) to the other Party ( the ) or to any of the Receiving Party ’s employees, consultants, Affiliates or sublicensees 3 pursuant to or in connection with this Agreement ; provided, that, none of the foregoing shall be Confidential Information if : ( a ) as of the date of disclosure, it is known to the Receiving Party or its Affiliates, as demonstrated by credible written docume ntation, other than by virtue of a prior confidential disclosure to such Receiving Party ; ( b ) as of the date of disclosure it is in the public domain or it subsequently enters the public domain other than through a breach by the Receiving Party or its Affi liates of a contractual obligation ; ( c ) it is obtained by the Receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party or its Affiliates ; or ( d ) it is independently developed by or for the Receiving Party or its Affiliates without reference to or use of any Confidential Information of the Disclosing Party or its Affiliates as demonstrated by credible written documentation . For purposes of clarity, unless excluded fro m Confidential Information pursuant to the provisos of the preceding sentence, any scientific, technical or financial information Controlled by a Disclosing Party and disclosed at any meeting of the Parties or disclosed through an audit report shall consti tute Confidential Information of the Disclosing Party