definiens: means : ( a ) with respect to Enanta, all tangible embodiments of Enanta Technology;(b ) with respect to [COMPANY], all tangible embodiments of [COMPANY] Technology ; and ( c ) with respect to each Party, ( i ) all tangibleembodiments of Joint Technology and ( ii ) all information, Technology and Proprietary Materials disclosed or provided by ofon behalf of such Party ( the ) pursuant to this Agreement or the Existing Agreements to the other Party ( the ) or to any of the Receiving Party ’s employees, consultants, Affiliates or sublicensees ; provided that noneof the foregoing shall be Confidential Information if : ( A ) as of the date of disclosure, it is known to the Receiving Party or itsAffiliates, as demonstrated by credible written documentation, other than by virtue of a prior confidential disclosure to suchReceiving Party or its Affiliates ; ( B ) as of the date of disclosure it is in the public domain, or it subsequently enters the publicdomain through no fault of the Receiving Party or its Affiliates ; ( C ) it is obtained by the Receiving Party from a Third Partyhaving a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( D ) it isindependently developed by or for the Receiving Party without reference to or use of any Confidential Information of theDisclosing - 5 -Confidential materials omitted and filed separately with the Securities and Exchange Commission