definiens: shall mean all information and data that ( a ) is provided by one party to the otherparty under this Agreement, and ( b ) if disclosed in writing or other tangible medium is marked or identified as confidential atthe time of disclosure to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise shouldreasonably be deemed to be confidential . Notwithstanding the foregoing, Confidential Information of a party shall not includethat portion of such information and data which, and only to the extent, the recipient can establish by written documentation:(i ) is known to the recipient as evidenced by its written records before receipt thereof from the disclosing party, ( ii ) is disclosedto the recipient free of confidentiality obligations by a third person who has the right to make such disclosure, ( iii ) is orbecomes part of the public domain through no fault of the recipient, or ( iv ) the recipient can reasonably establish isindependently developed by persons on behalf of recipient without use of the information disclosed by the disclosing party