definiens: means all information, Know - How, scientific, technical, or non - technical data, samples and Materials, business plans, and marketing and sales information disclosed by one Party to the other hereunder or under the Option Agreement between DIVERSA and DOW dated June 30, 1997, whether disclosed or provided in oral, \-Vritten ( including but not limited to electronic, facsimile, paper or other means ), graphic, photographic or any other form, except to the extent that such information : ( i ) ( ii ) ( iii ) ( iv ) 198~54 vI / SO 48Z201' . OOC 121399 /17~7 as of the date of disclosure is known to the receiving Party as shown by written documentation, other than by virtue of a prior confidential disclosure from the disclosing Party to the receiving Party ; as of the date of disclosure is in, or subsequently enters, the public domain through no fault or omission of the receiving Party ; as of the date of disclosure or thereafter is obtained from a Third Party free from any obligation of confidentiality ; or as of the date of disclosure or thereafter is developed by the receiving Party independent of the disclosure by the disclosing Party as evidenced by written 2 " CONFIDENTIAL TREATMENT REQUESTE [ documentation