definiens: means all informatio n and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing or other tangible medium is m arked or identified as confidential at the time of disclosur e to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be dee med to be confidential . Melt ’s Confidential Informa tion includes the Assets . Notwithstanding the foregoing, Confidential Information of a party shall not incl ude that portion of such information and data which, and onl y to the extent, the recipient can establish by wri tten documentation : ( i ) is known to the recipient as evi denced by its written records before receipt thereo f from the disclosing party, ( ii ) is disclosed to the recipien t free of confidentiality obligations by a third pe rson who has the right to make such disclosure, ( iii ) is or becomes part of the public domain through no fault of the r ecipient, or ( iv ) the recipient can reasonably establish is independe ntly developed by persons on behalf of recipient wi thout access to or use of the information disclosed by the discl osing party