definiens: means ( a ) with respect to ARQULE, all tangible embodiments of ARQULETechnology, ( b ) with respect to DS, all tangible embodiments of DS Technology and ( c ) with respect to each Party, ( i ) alltangible embodiments of Joint Technology and ( ii ) all information, Technology and Proprietary Materials disclosed orprovided by or on behalf of such Party ( the ) to the other Party ( the ) or to any of thereceiving Party ’s employees, consultants, Affiliates or sublicensees ( or Sublicensees, as the case may be ) ; provided, that, noneof the foregoing shall be Confidential Information if : ( A ) as of the date of disclosure, it is known to the receiving Party or itsAffiliates as demonstrated by contemporaneous credible written documentation, other than by virtue of a prior confidentialdisclosure to such receiving Party ; ( B ) as of the date of disclosure it is in the public domain, or it subsequently enters thepublic domain through no fault of the receiving Party ; ( C ) it is obtained by the receiving Party from a Third Party having alawful right to make such disclosure free from any obligation of confidentiality to the disclosing Party ; or ( D ) it isindependently developed by or for the receiving Party without reference to or use of any Confidential Information of thedisclosing Party as demonstrated by contemporaneous credible written documentation