definiens: means any information, Know - How or other confidential orproprietary information or materials furnished to one Party ( ) by the other Party ( ) pursuant to this Agreement, except to the extent that such information ormaterials : ( a ) was already known by the Receiving Party or any of its Affiliates, other than under anobligation of confidentiality, at the time of disclosure by the Disclosing Party, as demonstrated bycompetent evidence ; ( b ) was generally available to the public or otherwise part of the public domainat the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public orotherwise part of the public domain after its disclosure and other than through any act or omission ofthe Receiving Party in breach of this Agreement ; ( d ) was disclosed to the Receiving Party by a ThirdParty who had no obligation to the Disclosing Party not to disclose such information to others ; or ( e)was subsequently developed by or on behalf of the Receiving Party or any of its Affiliates without useof the Disclosing Party ’s Confidential Information, as demonstrated by competent evidence