definiens: shall mean, with respect to a party, all information ( and all tangible and intangible embodiments thereof ), that is owned or controlled by such party, is disclosed by or on behalf of such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified as confidential at the time of disclosure to the receiving party or ( if otherwise disclosed ) is identified as confidential at the time of disclosure to the receiving party and described as such in writing within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, Confidential Information of a party shall not include information which, and only to the extent, the receiving party can establish by written documentation ( a ) has been generally known prior to disclosure of such information by the disclosing party to the receiving party ; ( b ) has become generally known, without the fault of the receiving party, subsequent to disclosure of such information by the disclosing party to the receiving party ; ( c ) has been received by the receiving party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such information free of confidentiality obligations ; ( d ) has been otherwise known by the receiving party free of confidentiality obligations prior to disclosure of such information by the disclosing party to the recei ving party ; or ( e ) has been independently developed by employees or others on behalf of the receiving party without use of such information disclosed by the disclosing party to the receiving party ( each, a )