definiens: means information relating to the subject matter of thisAgreement, provided by the Disclosing Party to the Receiving Party and identified as ; provided, however, that Confidential Information shall not include any such information that : ( a ) was known to the Receiving Party at the time of disclosure by the DisclosingParty ( other than through receipt from the Disclosing Party or its Affiliates ), as can be established by writtendocumentation ; or ( b ) was generally available to the public or was otherwise part of the public domainat the time of such disclosure or became generally available to the public or otherwise part of the publicdomain after such disclosure other than through any act or omission of the Receiving Party in breach of thisAgreement ; or ( c ) became known to the Receiving Party after disclosure by the Disclosing Partythrough a non - confidential disclosure from a source that had a lawful right to disclose such information toothers ; or ( d ) was independently developed by the Receiving Party where such independentdevelopment can be established by written documentation