definiens: means any information and data received by a Party ( the ) from the other Party or its Affiliates ( the ) in connec­tion with this Agreement or the Mutual Confidentiality Agreement effective as of August 27, 2008 between [COMPANY] and XOMA ( US ) LLC . Notwithstanding the foregoing, Confidential Information shall not include any part of such information or data : ( a ) Party ) ; or which is or becomes public knowledge ( through no fault of the Receiving ( b ) which is made available to the Receiving Party by a Third Party not under an obligation of confidentiality with the Disclosing Party ( and such lawful right can be demonstrated by the Receiving Party 's written records ) ; or ( c ) which is already rightfully in the Receiving Party 's possession at the time of receipt from the Disclosing Party ( and such prior possession can be demonstrated by the Receiving Party 's written records ) ; or ( d ) which is independently developed by an employee of the Receiving Party and/or its Affiliates without the aid, application or use of confidential information dis­closed by the Disclosing Party ( and such independent development can be demonstrated by the Receiving Party 's written records )