definiens: shall mean with respect to a Party ( the ), all informationthat is disclosed or has been previously disclosed by the other Party ( the ) to the Receiving Partyhereunder or to any of its Affiliates or its or their directors, officers, employees, or agents, except to the extent thatthe Receiving Party can demonstrate by written record or other suitable physical evidence that such information,(a ) as of the date of disclosure is demonstrably known to the Receiving Party or its Affiliates other than by virtue of aprior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is in, or subsequentlyenters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Partyhaving a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or(d ) is independently developed by or for the Receiving Party without reference to or reliance upon any ConfidentialInformation of the Disclosing Party