definiens: means any information or compilation of information of one of the Parties ( the ) which becomes known to the other Party ( the ) in connection with the Development Program that is not generally known to the public, including trade secrets and know - how, w hether disclosed before or during the Term, excluding info rmation which : ( a ) was already in the possession of the receiving Part y prior to the receiving Party 's receipt from the disclosing Party ( provided that th e receiving Party is able to provide the disclosing Party with reasonable documentary proof thereof and, if receiv ed from a Third Party, that such information was ac quired without any Party 's breach of a confidentiality or non - disclosure obligation to the disclosing Party r elated to such information ) ; ( b ) is or becomes part of the public domain by reason o f acts not attributable to the receiving Party ; ( c ) is or becomes available to the receiving Party from a source other than the disclosing Party which source has rightfully obtained such inf ormation and has no obligation of non - disclosure or confidentiality ( directly or indirectly ) to the dis closing Party with respect thereto ; or ( d ) has been independently developed by the receiving P arty without breach of this Agreement or use of any Confidential Information of the disclosing Party ( provided that the receiving Party is able to provide the disclosing Party with reasonabl e documentary proof thereof )