definiens: means, with respect to a Party, all Information of such Party that is disclosed to theother Party under this Agreement, except for that portion of such Information that the receiving Party can demonstrate:(i ) was already known to the receiving Party or its Affiliate, other than under an obligation of confidentiality, at thetime of disclosure by the other Party;(ii ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to thereceiving Party;(iii ) became generally available to the public or otherwise part of the public domain after its disclosure and otherthan through any act or omission of the receiving Party in breach of this Agreement;(iv ) is subsequently disclosed to the receiving Party or its Affiliate by a Third Party without obligations ofconfidentiality with respect thereto ; or(v ) is independently discovered or developed by the receiving Party or its Affiliate without the aid, application, oruse of Confidential Information of the disclosing Party