definiens: shall mean all info rmation and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing or other tangible mediu m is marked or identified as confidential at the time of disclo sure to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be deemed to be confidential . Notwithstanding anything to the contrary herein, [COMPANY] shall be the disclosing part y for all [COMPANY] Technology, and [COMPANY] shall be t he disclosing party for all [COMPANY] Technology . Notwithstanding the foregoing, Confidential Information of a party shall not include that portion of such information and data w hich, and only to the extent, the recipient can est ablish by written documentation ( i ) is known to the recipient prior to receipt thereof from the disclosing party, ( ii ) is disclosed to the recipient free of confidentiality obligations by a third person who has the right to make such disclosure, ( iii ) is or becomes part of the public domain through no fault of the recipient, or ( iv ) i s independently developed by persons on behalf of the recipient wit hout access to or use of the information disclosed by the disclosing party