definiens: means all proprietary information, data, know - how and all other business, technical and financial data disclosed hereunder ( or prior to the date of this Agreement under the BSA between the Parties ) by one Party or any ofits Affiliates to the other Party or any ofits Affiliates, except any portion thereof which : ( a ) At the time of disclosure is in the public knowledge ; ( b ) After disclosure, becomes part ofthe public knowledge by publication or otherwise, except by breach of this Agreement by the recipient ; 12/~28/05 Page 28 of J+31 CONFIDENTIAL TREATMENT REQUESTED BY DENDREON CORPORATION ( c ) The recipient can demonstrate by its written records was in the recipient 's possession at the time of such disclosure, and which was not acquired, directly or indirectly, from the disclosing party, or its affiliates ; ( d ) Is lawfully disclosed to the recipient on a non - confidential basis by a Third Party who is not obligated to the disclosing Party or any other Third Party to retain such Confidential Information in confidence ; or ( e ) Results from research and development by the recipient independently of such disclosure