definiens: means with respect to a Party ( the ), all information that is ( i ) disclosed by the other Party ( the ) to the Receiving Party ; and ( ii ) wou ld be reasonably understood from notices or legends, the nature of s uch information itself or the circumstances of such information ’s disclosure to be confidential by a reasonable perso n familiar with the applicable industry ; provided, however, that Confidential Information shall not include informat ion that the Receiving Party can demonstrate by its records or other suitable documentary evidence, ( a ) as of the date of disclosure is demonstrably known to the Rec eiving Party or its Affiliates other than by virtue of a prior c onfidential disclosure to such Party or its Affilia tes ; ( b ) as of the date of disclosure is in, or subsequently enters, t he public domain, through no fault or omission of t he Receiving Party ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the Disclosing Party ; or ( d ) is independently developed by or for the Receiving Par ty without reference to or reliance upon any Confidential Info rmation of the Disclosing Party