definiens: shall mean with respect to a Party ( the ), all information which is disclosed by the other Party ( the ) to the Receivi ng Party hereunder or to any of its employees, consultants, Affiliates, licensees or sublicensees, except to th e extent that the Receiving Party can demonstrate by written reco rd or other suitable physical evidence that such in formation, ( a ) as of the date of disclosure is demonstrably kn own to the Receiving Party or its Affiliates other than by virtue of a prior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure i s in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is ob tained from a Third Party having a lawful right to make such di sclosure free from any obligation of confidentialit y to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party