definiens: of a Party means all confidential or proprietary Information received or otherwiseobtained by the other Party from such Party or its Affiliates pursuant to this Agreement, other than that portion ofsuch information that:(a ) is now, or hereafter becomes, generally available to the public through no fault of the receiving Party, orits Affiliates, or any entity that obtained such information or materials from the receiving Party;(b ) the receiving Party or its Affiliates already possesses, as evidenced by its written records, prior toreceipt thereof from the disclosing Party;(c ) is obtained without restriction from a Third Party that had the legal right to disclose the same to thereceiving Party or its Affiliates ; or(d ) has been independently developed by the receiving Party or its Affiliates without the aid, application oruse of any Confidential Information of the disclosing Party, as demonstrated by competent written proof