definiens: means any confidential or proprietary information of a Party, whether in oral, written, graphic or electronic form . Any of the following information, which the receiving Party can prove by competent evidence, shall not be Confidential Information:(a ) information that is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available;(b ) information that is known by the receiving Party at the time of receiving such information, as evidenced by itswritten records maintained in the ordinary course of business;(c ) information that is hereafter furnished to the receiving Party by a Third Party, as a matter of right and withoutrestriction on disclosure ; 3CONFIDENTIAL TREATMENT REQUESTEDWITH RESPECT TO CERTAIN PORTIONS HEREOFDENOTED WITH ( d ) information that is independently developed by the receiving Party, as evidenced by its written recordsmaintained in the ordinary course of business, without knowledge of, and without the aid, application or use of, thedisclosing Party ’s Confidential Information ; or(e ) information that is the subject of a written permission to disclose provided by the disclosing Party