definiens: means any infonnation of a confidential or proprietary nature disclosed by or on behalf of a Party to the other Party . Notwithstanding the foregoing, Confidential Infonnation of a disclosing Party shall not include : ( a ) infonnation which, at the time of disclosure to the receiving Party by or on behalf of the disclosing Party, was previously known to the receiving Party as demonstrated by contemporaneous written records ; ( b ) information which, at the time of disclosure to the receiving Party by or on behalf of the disclosing Party, is published or otherwise generally available to the public ; ( c ) infonnation which, after disclosure to the receiving Party by or on behalf of the disclosing Party, is published or otherwise becomes generally available to the public through no breach of this Agreement by the receiving Party ; 22 EXECUTION COpy ( d ) infonnation which is received by the receiving Party from a Third Party which did not directly or indirectly receive the information from the disclosing Party, and which Third Party has the legal right to disclose the same and which is not required to hold the same confidential ; and ( e ) infonnation that is independently developed by the receIVIng Party without use of, application of or reference to the disclosing Party 's Confidential Infonnation