definiens: means any confidential or proprietary information disclosed ( a ) hereunder in writing andidentified as being confidential or, if disclosed orally, visually or through some other media, is identified as confidential atthe time of disclosure and ( b ) prior to the Effective Date by or on behalf of either Party or its Affiliates to the other Party or itsAffiliates related to Dalbavancin as disclosed under the Transition Services Agreement, except to the extent such information:(i ) is known to the recipient at the time of the disclosure, as evidenced by its written records or other competent evidence;(ii ) is disclosed to the recipient by a Third Party lawfully in possession of such information and not under an obligationof nondisclosure;(iii ) is or becomes patented, published or otherwise part of the public domain through no fault of the recipient or itsAffiliates ; or(iv ) is developed by or for the recipient without access to or use of the disclosing Party ’s Confidential Information, asevidenced by the recipient ’s written records or other competent evidence