definiens: shall mean all information and/or technical data which is disclosed by oneParty to the other Party pursuant to this Agreement which the disclosing Party treats as confidentialand identifies as such, other than : ( i ) information known to the receiving Party or its Affiliates prior tothe disclosure of such information to such Party, provided said prior knowledge is supportable bydocumentary evidence ; ( ii ) information which at the time of the disclosure is, or thereafter becomes, generally known to the public, provided that such public knowledge does not result from any act ordisclosure by the receiving party or one of its Affiliates in violation of the terms of this Agreement ; ( iii)information which can be shown to be independently discovered, after the date hereof, by a Party, orone of its Affiliates, without the aid, application or use of the disclosed information ; or ( iv ) informationobtained by the receiving party from a third party which is determined to be in lawful possession ofsuch information, provided such third party is not in violation of any contractual or legal obligation tothe disclosing party or one of its Affiliates with respect to such information