definiens: shall mean with respect to a Party ( the ), all informationwhich is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of itsemployees, consultants, Affiliates, licensees or sublicensees, except to the extent that the Receiving Party candemonstrate by written record or other suitable physical evidence that such information, ( a ) as of the date ofdisclosure is demonstrably known to the Receiving Party or its Affiliates other than by virtue of a prior confidentialdisclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is, or subsequently becomes, publicly known, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Party having a lawful right to makesuch disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( d ) is independently developed byor for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party