definiens: of each party means all information owned by suchp party, including without limitation, to the extent owned by such party, Sta tements of Procedure, Batch Records and all documentation a nd information relating to cleaning validation and process validation, and which is disclosed by such party to the other at any time in connection with this Agre ement, except for any information expressly excluded by th e Disclosing Party in writing or any information wh ich the Receiving Party can establish by competent written evidence ( a ) was known to the Receiving Party at th e time of disclosure by the Disclosing Party, ( b ) was general ly available to the public at the time of disclosur e by the Disclosing Party, ( c ) after disclosure by the Discl osing Party, became generally available to the publ ic other than in breach of this Section 12.1, or ( d ) after disclo sure by the Disclosing Party, became known to the R eceiving Party from a third party lawfully disclosing such i nformation and was not disclosed to the Receiving P arty under any obligations of confidentiality . The term means a party that has access to Propri etary Information of the other party ( the )