definiens: shall mean [ c.i . ] . Notwithstanding the foregoing or anything herein to the contrary, ConfidentialInformation shall not include any information that, in each case as demonstrated by written documentation : ( i ) was alreadyknown to the receiving party, other than under an obligation of confidentiality, at the time of disclosure ; ( ii ) was generallyavailable to the public or otherwise part of the public domain at the time of its disclosure to the receiving party ; ( iii ) becamegenerally available to the public or otherwise part of the public domain after its disclosure and other than through any act oromission of the receiving party in breach of this Agreement ; ( iv ) was subsequently lawfully disclosed to the receiving party bya person other than the disclosing party ; or ( v ) is developed independently by the receiving party without use of or relianceon the Confidential Information of the other party