definiens: means ( a ) all information disclosed to the Receiving Party by the Disclosing Party in connection withthis Agreement but not any Ancillary Agreement, including all information with respect to the Disclosing Party’slicensors, licensees or Affiliates, ( b ) all information disclosed to the Receiving Party by the Disclosing Party under theConfidentiality Agreement, and ( c ) all memoranda, notes, analyses, compilations, studies and other materialsprepared by or for the Receiving Party to the extent containing or reflecting the information in the preceding clause(a ) or ( b ) . Notwithstanding the foregoing, Confidential Information shall not include information that, in each case asdemonstrated by competent written documentation:(i ) was already known to the Receiving Party or its Affiliates, other than under an obligation ofconfidentiality, at the time of disclosure by the Disclosing Party ; 35(ii ) was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the Receiving Party;(iii ) became generally available to the public or otherwise part of the public domain after itsdisclosure to the Receiving Party other than through any act or omission of the Receiving Party in breach of thisAgreement or the Confidentiality Agreement;(iv ) is subsequently disclosed to the Receiving Party by a Third Party without obligations ofconfidentiality with respect thereto ; or(v ) is subsequently independently discovered or developed by the Receiving Party without the aid, application or use of Confidential Information or Ancillary Confidential Information ( as defined in the LicenseAgreement )