definiens: shall mean any information which is of a confidenti al and proprietary nature ( including without limita tion information in relation to the business of a Party to which this Agreement relates, and information in relation to patents, patent applications or other intellectual property rights Controlled by a Party ), which infor mation is disclosed by a Party to the other Party under or in connection with this Agreement . Confidential Infor mation will not include any information that the receiving part y can prove by written records ( i ) was known by the receiving Party prior to the receipt of Confidential Informat ion from the disclosing Party, ( ii ) was disclosed t o the receiving Party by a Third Party having the right t o do so, ( iii ) was, or subsequently became, part of the public domain through no fault of the receiving Party, or ( iv ) was subsequently and independently developed b y personnel of the receiving Party without having had access to or making use of the disclosing Party ’s Confidential Information