definiens: means all information that the disclosing Party de signates as confidential or which ought to be considered as confidential from its nature or from the circumstances surrounding its disclosure, including without limitation all regulatory, commercial, financial, administrative and technological informa tion of either Party and any information concerning this Agreement, but does not Include information wh ich : ( a ) is known to the receiving Party before receip t from the other Party, as substantiated by cogent and reliable evidence ; ( b ) is disclosed to the receiving Party in good f aith by a third party who had a right to make such disclosure ; ( c ) is made public by the originating Party, or i s established to be a part of the public domain oth erwise than as a consequence of a breach by the receiving Party of Its obligations hereunder ; or ( d ) can be substantiated, based on cogent and rel iable evidence, to have been independently developed by the receiving Party