definiens: means the terms of this Agreeme nt as well as all information, including but not limited to data, know - how, formulas, processes, specificati ons, designs, financial and organizational information, mechanica l equipment, technical information and/or trade sec rets which have been or may hereafter be disclosed, dire ctly or indirectly by a Party to the other Party, e ither orally, electronically or in writing, or through inspection as well as samples ; except that Confidential Infor mation shall not include information which the receiving Party c an show by competent proof : ( a ) was, at the time of disclosure, in the public domai n ; ( b ) has subsequent to disclosure, become part of the pu blic domain through no fault, act, omission, or violation by the receiving Party of the confidentia lity obligations hereunder ; ( c ) was, at the time of disclosure, in the possession o f the receiving Party and not otherwise acquired, directly or indirectly, from the disclosing Party ; ( d ) has been developed independently by the receiving P arty without access to the Confidential Information of the disclosing Party ; or ( e ) has subsequent to disclosure been obtained by the r eceiving Party from a third party, provided however, that it was not obtained by said third par ty, directly or indirectly, from the disclosing Party under any obligation of confidentiality