definiens: means ( a ) with res pect to ROSETTA, all tangible embodiments of ROSETTA Technology, ( b ) with respect to AMBION, all tangible embodiments of AMBION Technology and ( c ) with respect to each Party, ( i ) all tangible em bodiments of Joint Program Technology and ( ii ) all information, Technology and Proprietary Materials disclosed or p rovided by of on behalf of such Party ( the ) pursuant to this Agreement to the other Par ty ( the ) or to any of the receivi ng Party ’s employees, consultants, Affiliates or sublicensees ; provided that none of the foregoing shall be Confi dential Information if : ( A ) as of the date of disclosure, i t is known to the receiving Party or its Affiliates, as demonstrated by credible written documentation, oth er than by virtue of a prior confidential disclosur e to such receiving Party or its Affiliates ; ( B ) as of the da te of disclosure it is in the public domain, or it subsequently enters the public domain through no fault of the re ceiving Party or its Affiliates ; ( C ) it is obtained by the receiving Party from a Third Party having a lawful right to make such disclosure free from any obligat ion of confidentiality to the disclosing Party ; or ( D ) it is independently developed by or for the receiving Party without reference to or use of any Confidential Information of the disclosing Party as demonstrated by credibl e written documentation . For purposes of clarity, the terms o f this Agreement shall constitute Confidential Info rmation of each Party