definiens: means all confidential information of the Disclosing Party or its Affiliates, regardless of its form or medium as provided to the Receiving Party or its Affiliates in connection with this Agreement ; provided that, Confidential Informat ion shall not include any information that the Receiving Party can show by competent written evidence : ( a ) was already known to the Receiving Party at the time it was disclosed to the Receiving Party by the Disclosing Party without an obligation of confide ntiality and not through a prior disclosure by the Disclosing Party, ( b ) was or becomes generally known to the public through no act or omission of the Receiving Party in violation of the terms of this Agreement, ( c ) was lawfully received by the Receiving Party from a Third Party without restriction on its disclosure and without, to the reasonable knowledge of the Receiving Party, a breach by such Third Party of an obligation of confidentiality to the Disclosing Party, or ( d ) was independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party . The terms of this Agreement that are not publicly disclosed through a press release or by filings to financial regulatory authorities shall be the Conf idential Information of both Parties