definiens: means the terms of this Agreement and all other information disclosed in writing by one Party to the other pursuant to this Agreement and identified as, as well as information disclosed orally and identified as at the time of disclosure, but only to the extent such oral disclosure is reduced to writing, identified as and provided to the other Party within thirty ( 30 ) days after oral disclosure . Confidential Information does not include any such information which : ( a ) is known to the receiving Party before receipt thereof under this Agreement, as evidenced by the receiving Party 's written records, except that any information defined as under the Alliance Agreement will remain Confidential Information hereunder ; or ( b ) is disclosed to the receiving Party without restriction by a Third Party lawfully in possession of such information and not under an obligation of nondisclosure ; or Royalty Agreement 4 1 * 1 Certain informllfion in this document hns been omitted ~nd filed separately with the Securities and Exchange Commission . Confidential treatment has been requested with respect to the omitted portions . ( c ) is or becomes part of the public domain through no breach of this Agreement ; or ( d ) is independently developed by or for the receiving Party without reference to Confidential Information of the other Party, as evidenced by such receiving Party 's written records