definiens: shall mean with respe ct to a party ( the ), all informat ion which is disclosed by the other party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensee s or sublicensees, except to the extent that the Re ceiving Party can demonstrate by written record or other su itable physical evidence that such information, ( a ) as of the date of disclosure is demonstrably known to the Receiving Party or its Affiliates other than by virtue of a prior confidential disclosure to such P arty or its Affiliates ; ( b ) as of the date of discl osure is in, or subsequently enters, the public domain, thro ugh no fault or omission of the Receiving Party ; ( c ) is obtained from a Third Party having a lawful right t o make such 5 disclosure free from any obligation of confidential ity to the Disclosing Party ; or ( d ) is independentl y developed by or for the Receiving Party without ref erence to or reliance upon any Confidential Information of the Disclosing Party