definiens: shall mean, with respect to a party, all information of any kind whatsoever, and all tangible and intang ible embodiments thereof of any kind whatsoever, wh ich is disclosed by such party to the other party and is m arked, identified as or otherwise acknowledged to b e confidential at the time of disclosure to the other party . Notwithstanding the foregoing, Confidential Information of a party shall not include information which the other party can establish by written documentation ( a ) to have been publicly known prior to disclosure to such inf ormation by the disclosing party to the other party, ( b ) to have become publicly known, without fault on the part of the other party, subsequent to disclosure of such information by the disclosing party to the other party, ( c ) to have been received by the other party at any time f rom a source, other than the disclosing party, rightfully having possession of and the right to disclose such inform ation, ( d ) to have been otherwise known by the other party prior to disclosure of such information by the disclosing party to the other party, or ( e ) to have been independently developed by persons on behalf of the other party w ithout access to or use of such information disclosed by t he disclosing party to the other party . For clarity, information that would otherwise be of Seller but for the application of the preceding sentence to information known to Purchaser as a result of the p revious employment by, affiliation with, or other c onfidential relationship with Seller of an individual who is or becomes a director, officer, employee, other agent or independent contractor or Purchaser shall [ * ] unles s [ * ] in the [ * ] . For purposes of this Agreement, t he Purchased Assets shall constitute Confidential Information of Purchaser subject to the provisions of clauses ( a ) and ( b ) of the second sentence of this definition