definiens: means all information, DIVERSA Know - How, scientific, technical, or non - technical data, Materials, business plans, financial projections, and marketing and sales information disclosed by one Party to the other under this LLC License, and including information disclosed under the IE R&D Agreement regarding Licensed Enzymes, whether disclosed or provided in oral, written ( including but not limited to electronic, facsimile, paper or other means ), graphic, photographic or any other form, except to the extent that such information : ( a ) 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 ; ( b ) as of the date of disclosure is in, or subsequently enters, the public domain through no fault or omission of the receiving Party ; ( c ) as of the date of disclosure or thereafter is obtained from a Third Party free from any obligation of confidentiality ; or ( d ) 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 documentation