definiens: means ( a ) with respect to ARQULE, all tangible embodiments of ARQULETechnology, ( b ) with respect to DS, all tangible embodiments of DS Technology and ( c ) with respect to each Party, ( i ) all tangibleembodiments of Joint Technology and ( ii ) all information, Technology and Proprietary Materials that are disclosed or providedby or on behalf of such Party ( the ) to the other Party ( the ) or to any of the receivingParty ’s employees, consultants, Affiliates, Sublicensees or Third Party subcontractors hereunder or of which the receiving Partyor any of its employees, consultants, Affiliates, Sublicensees or Third Party subcontractors has become aware or hereafterbecomes aware solely as a result of this Agreement, provided, that, none of the foregoing shall be Confidential Informationif : ( A ) as of the date of disclosure, it is known to the receiving Party or its Affiliates as demonstrated by contemporaneouscredible written documentation, other than by virtue of a prior confidential disclosure to such receiving Party ; ( B ) as of the dateof disclosure it is in the public domain, or it subsequently enters the public domain through no fault of the receiving Party ; ( C ) itis obtained by the receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation ofconfidentiality to the disclosing Party ; or ( D ) it is independently developed by or for the receiving Party without reference to oruse of any Confidential Information of the disclosing Party as demonstrated by contemporaneous credible writtendocumentation