definiens: means any information, Know - How or other proprietary information or materialsfurnished to one Party by the other Party pursuant to this Agreement, except to the extent that it can beestablished by the receiving Party that such information or materials : ( a ) was already known to thereceiving Party, other than under an obligation of confidentiality, at the time of disclosure by the disclosingParty as demonstrated by competent business records ; ( b ) was generally available to the public orotherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generallyavailable to the public or otherwise part of the public domain after its disclosure and other than through anyact or omission of the receiving Party in breach of this Agreement ; ( d ) was disclosed to the receiving Partyby a Third Party who had no obligation to the disclosing Party not to disclose such information to others ; or(e ) was subsequently developed by the receiving Party without use of or reference to the ConfidentialInformation as demonstrated by competent business records