definiens: means any infor mation and data received by a party ( the ) from the other party or its Affiliates ( the ) in connection with this Agreem ent ( including, without limitation, all information disclosed by th e parties under Article 2 hereof and any research, testing, clinical, regulatory, marketing or other scientific or busine ss information, plans, or data pertaining to any Pr oduct of the Disclosing Party ) . Notwithstanding the foregoing, C onfidential Information shall not include any part of such information or data that : ( a ) is or becomes part of the public domain othe r than by unauthorized acts of the Receiving Party or its Affiliates ; ( b ) can be shown by written documents to have be en already in the possession of the Receiving Party or its Affiliates prior to disclosure under this Ag reement, provided such information or data was not obtained directly or indirectly from the Disclosing Party un der an obligation of confidentiality ; ( c ) can be shown by written documents to have be en disclosed to the Receiving Party or its Affiliat es by a Third Party, provided such information or data was not obtained directly or indirectly from the Disclosing Party under an obligation of confidentiality ; or ( d ) can be shown by written documents to have be en independently developed by the Receiving Party or its Affiliates without use, aid or application o f Confidential Information of the Disclosing Party