definiens: means ( a ) all tangible embodiments of Technology produced or discovered by either Party or jointly by the Parties under the Research Program, the prosecution files pertaining to any Joint Patent Rights and all information concerning the terms of this Agreement and ( b ) with respect to a Party ( the ), all information, Technology and Proprietary Materials which is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensees or SubJicensees, except to the extent that the information described in this Section 1.3(b ), ( i ) as of the date of disclosure is demonstrably known to the Receiving Party or its Affiliates, as shown by written documentation, other than by virtue of a prior confidential disc10sure to such Party or its Affiliates ; ( ii ) as of the date of disc10sure is in, or subsequenHy enters, the public domain, through no fault or omission of the Receiving Party ; ( iii ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( iv ) is independenHy developed by or for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party as demonstrated by competent written records