definiens: means information received ( whether disclosed in writing, machine readable form, orally or by observation ) by one Party ( the ) from the other Party ( the ) that the Receiving Party : ( i ) has a reasonable basis to believe is confidential to the Disclosing Party, ( ii ) is indicated in writing by the Disclosing Party to be confidential, or ( iii ) is information that the Receiving Party received pursuant to the activities contemplated by Section 6.1 ( a ), below, unless in each case such information : ( a ) was known to the Receiving Party or to the public prior to the Disclosing Party 's disclosure, as demonstrated by contemporaneous written records ; ( b ) became known to the public, after the Disclosing Party 's disclosure hereunder, other than through a breach of the confidentiality provisions of this Agreement by the Receiving Party or any Person to whom such Receiving Party disclosed such information ; ( c ) was subsequently disclosed to the Receiving Party by a Person having a legal right to disclose, without any restrictions, such information or data ; or ( d ) was developed by the Receiving Party independent of the Disclosing Party 's Confidential Information