definiens: means, with respect to a Party, all information of any kind whatsoever ( including without limitation, compilations, data, formulae, models, patent disclosures, procedures, p rocesses, projections, protocols, results of experimentation and testing, specifications, strategies and techniq ues ), and all tangible embodiments of any of the foregoing, of an y kind whatsoever ( including without limitation, ap paratus, biological or chemical materials, animals, cells, c ompositions, documents, drawings, software, machine ry, patent applications, records and reports ), which is disclo sed by that Party to the other Party hereunder and is marked as confidential at the time of disclosure to the recei ving Party or, if disclosed orally, is identified a s being confidential at the time of disclosure [ * ] . Notwith standing anything to the contrary in this Section 1 .5, does not include any inf ormation or embodiments thereof to the extent which a Party can demonstrate using competent documentation : ( a ) is or becomes public or available to the genera l public other than through the act or default of t he receiving Party or its Affiliates or their employee s, advisors, consultants, or licensees ; or ( b ) is obtained by the receiving Party without a du ty of confidentiality from a Third Party who lawfully possesses and lawfully discloses such Conf idential Information ; [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitte d and filed separately with the Securities and Exchan ge Commission pursuant to Rule 406 of the Securitie s Act of 1933, as amended