definiens: means all confidential information of the Disclos ing Party or its Affiliates, regardless of its form or medium as pro vided to the Receiving Party or its Affiliates in c onnection with this Agreement ; provided that, Confidential Information shall not include any in formation that the Receiving Party can show by competent evidence : ( a ) is already known to the Receiving Party at the tim e it is disclosed to the Receiving Party by the Disclosing Party without an obligation of confidentiality and not through a prior disclosure by the Disclosing Party, ( b ) is or becomes generally known to the public through no act or omission of the Receiving Party in violation of the terms of this Agreement, ( c ) has been lawfully rec eived by the Receiving Party from a Third Party without rest riction on its disclosure and without, to the knowl edge of the Receiving Party, a breach by such Third Party of an obligation of confidentiality to the Disclosing Pa rty, or ( d ) has been independently developed by the Receivi ng Party without use of or reference to the Confide ntial Information of the Disclosing Party