definiens: Confidential InformationReceiving Party " ), all information ( whether or not such information is oral, written or in any other form, or expressly stated to be confidential, and includes, but not limited to this Agreement and its terms and conditions ( except as provided in Section 5.3 ), any information gathered during the performance of this Agreement or activities of the Disclosing Party ( as defined below ), with particular regard to know - how, technical data, intellectual property and regulatory data ) which is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensees or sublicensees, except to the extent that the Receiving Party can demonstrate by written record or other suitable physical evidence that such information, ( a ) as of the date of disclosure is known to the Receiving Party or its Affiliates other than by virtue of a prior confidential disclosure to such Party or its Affiliates ; ( b ) as of the date of disclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Party without reference to or reliance upon any Confidential Information of the Disclosing Party