definiens: means with respect to a Party ( the all information which is disclosed by or on behalf of t he other Party ( the ) to the Receiving Party hereunder or to any of the Receiving Party ’s employ ees, consultants or Affiliates, except to the exten t that the Receiving Party can demonstrate by written record o r other suitable physical or electronic evidence th at such information, ( a ) as of the date of disclosure is de monstrably known to the Receiving Party or its Affi liates other than by virtue of a prior confidential disclosure t o such Party or its Affiliates ; ( b ) as of the date of disclosure is, or subsequently becomes, publicly known, through no fa ult or omission of the Receiving Party ; ( c ) is obta ined from a Third Party having a lawful right to make such di sclosure free from any obligation of confidentialit y to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party . Without limiting the generality of the fore going, Confidential Information of Rosetta includes the it ems of Technology transferred by Rosetta to Avatao pursuant to Section 2.3.1