definiens: means all confidential information of the Disclosi ng Party or its Affiliates, regardless of its form or medium as pro vided to the Receiving Party or its Affiliates in c onnection with this Agreement ; provided that, Confidential In formation will not include any information that the Receiving Party can show by competent evidence : ( a ) is alread y known to the Receiving Party at the time it is di sclosed to the Receiving Party by the Disclosing Party without an obligation of confidentiality and not through a prior disclosure by the Disclosing Party, ( b ) is or becom es generally known to the public through no act or omission of the Receiving Party in violation of the terms of th is Agreement, ( c ) has been lawfully received by the Receiving Party from a Third Party without restriction on its disclosure and without, to the knowledge of the Re ceiving Party, a breach by such Third Party of an obligatio n of confidentiality to the Disclosing Party, or ( d ) has been independently developed by the Receiving Party with out use of or reference to the Confidential Informa tion of the Disclosing Party . The terms of this Agreement s hall be the Confidential Information of both Partie s