definiens: means, with respect to a party, all information ( and all tangible and intangible embodiments thereof ) that is disclosed b y such party to the other party and is marked, iden tified as or otherwise acknowledged to be confidential at the ti me of disclosure to the other party . Notwithstandin g the foregoing, Confidential Information of a party shal l not include information that the other party can establish by written documentation ( a ) to have been publicly kno wn prior to disclosure of such information by the d isclosing party to the receiving party ; ( b ) to have become pu blicly known, without the fault of the receiving pa rty, subsequent to disclosure of such information by the disclosing party to the receiving party ; ( c ) to ha ve been received by the receiving party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such inform ation ; ( d ) to have been otherwise known by the rece iving party prior to disclosure of such information by the disc losing party to the receiving party ; or ( e ) to have been independently developed by employees or agents on b ehalf of the receiving party without access to or u se of such information disclosed by the disclosing party to the receiving party ( each, a )