definiens: means any information, Know - How or other propriet ary information or materials furnished to one Party by the other Party pursuant to this Agreement, except to the extent that such information or materials : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the o ther Party, as demonstrated by competent evidence ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its d isclosure and other than through any act or omission of the recei ving Party in breach of this Agreement ; ( d ) was law fully disclosed to the receiving Party by a Third Party w ho had no obligation to the disclosing Party not to disclose such information to others ; or ( e ) was subsequently deve loped by the receiving Party without use of the Con fidential Information, as demonstrated by competent evidence