definiens: means all information and materials received by eitherParty from the other Party pursuant to this Agreement, other than that portion of such informationor materials that:(i ) is publicly disclosed by the disclosing Party, either before or after itbecomes known to the receiving Party;(ii ) was known to the receiving Party as demonstrated bycontemporaneous, competent written records, without obligation to keep it confidential, prior towhen it was received from the disclosing Party;(iii ) is subsequently disclosed to the receiving Party by a Third Partylawfully in possession thereof without obligation to keep it confidential;(iv ) has been publicly disclosed other than by the disclosing Party andwithout breach of the receiving Party ’s obligation of confidentiality with respect thereto ; or(v ) has been independently developed by the receiving Party without theaid, application or use of, or reference to, Confidential Information of the disclosing Party, asdemonstrated by contemporaneous, competent written records