definiens: shall mean, with respect to a party, all information of any kind whatsoever ( including without limitation, compi lations, data, formulae, models, patent 1 disclosures, procedures, processes, projections, protocols, results of experimentation and testing, specifications, strategies and techniques ), and all tangible and intangible embodiments thereof of any kind whatsoever ( including without limitation, apparatus, biological or chemical materials, animals, cells, compositions, documents, drawings, machinery, patent applications, records, reports ), which is owned or controlled by such party and is disclosed by such party to the receiving party and is marked, identified as or otherwise acknowledged to be confidential at the time of disclosure to the receiving party . Notwithstanding the foregoing, Confidential Information of a party shall not include information which the receiving party can establish by written documentation ( a ) to have been publicly known prior to disclosure of such information by the disclosing party to the receiving party, ( b ) to have becom e publicly known, without fault on the part of the receiving party, subsequent to disclosure of such information by the disclosing party to the receiving party, ( c ) to have been received by the receiving party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such information free of confidentiality obligations, ( d ) to have been otherwise known by the receiving party free of confidentiality obligations prior to disclosure of such informati on by the disclosing party to the receiving party, or ( e ) to have been independently developed by employees or agents of the receiving party without access to or use of such information disclosed by the disclosing party to the receiving party . The parties acknowledge that the foregoing exceptions shall be narrowly construed and that the obligations imposed upon each party under Section 5 below shall be relieved solely with respect to such Confidential Information of the disclosing party which falls within t he above exceptions and not with respect to related portions, other combinations, or characteristics of the Confidential Information of the disclosing party including, without limitation, advantages, operability, specific purposes, uses and the like