definiens: means, with respect to a party, all information of any kind whatsoever, and all tangible and intangible embodiments thereof of any kind whatsoever, which is disclosed by such party to the other party and is marked, identified or otherwise indicated to be confidential at the time of disclosure to the other party . Notwithstanding the foregoing, Confidential Information of a party shall not include information which the other party can establish by written documentation ( a ) to have been publicly known prior to disclosure of such information by the disclosing party to the other party, ( b ) to have become publicly known, without fault on the part of the other party, subsequent to disclosure of such information by the disclosing party to the other party, ( c ) to have been received by the other party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such information, ( d ) to have been otherwise known by the other party prior to disclosure of such information by the disclosing party to the other party, or ( e ) to have been independently developed by employees or agents of the other party without access to or use of such information disclosed by the disclosing party to the other party