definiens: shall mean with respect to a Party ( the ), all information which isdisclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensee or Sublicensees, except to the extent that the Receiving Party can demonstrate by written record or othersuitable physical evidence that such information, ( a ) as of the date of disclosure is demonstrably known to the Receiving Partyor its Affiliates other than by virtue of a prior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date ofdisclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtainedfrom a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the DisclosingParty ; or ( d ) is independently developed by or for the Receiving Party without reference to or reliance upon any ConfidentialInformation of the Disclosing Party . Confidential Information shall include all information disclosed to or accessible byAratana or Pacira, as the case may be, relating to the subject matter of the License Agreement or this Agreement prior to theEffective Date