definiens: means information that the Recipient can establish by competentevidence comes within any of the following categories:9.5.1information that is or becomes public other than as a result of the Recipient ’s breach ofany obligation under this Agreement;9.5.2information that, when it is disclosed to the Recipient, is already in the possession of theRecipient or any of the Recipient ’s Representatives as the result of disclosure by aPerson that was not then under an obligation to the Disclosing Party to keep thatinformation confidential;9.5.3information that, after it is disclosed to the Recipient under this Agreement, is disclosed tothe Recipient or any of the Recipient ’s Representatives by a Person that was not thenunder an obligation to the Disclosing Party to keep that information confidential ; and9.5.4information that the Recipient develops independently, as evidenced bycontemporaneous written records, without any use of or reliance on ConfidentialInformation disclosed by the Disclosing Party to the Recipient, whether before or after theDisclosing Party discloses such equivalent information to the Recipient