definiens: shall mean all information and/or technical data which is disclosed by one party heretoto the other party hereto pursuant to this Agreement which the disclosing party treats as confidential and identifies as such, otherthan ( i ) information known to the receiving party or its Affiliates prior to the disclosure of such information to such party, provided said prior knowledge is supportable by documentary evidence, ( ii ) information which at the time of the disclosure is, orthereafter becomes, generally known to the public, provided that such public knowledge does not result from any act ordisclosure by the receiving party or one of its Affiliates in violation of the terms of this Agreement, ( iii ) information which can beshown to be independently discovered, after the date hereof, by a party, or one of its Affiliates, without the aid, application or useof the disclosed information, or ( iv ) information obtained by the receiving party from a third party which is determined to be inlawful possession of such information, provided such third party is not in violation of any contractual or legal obligation to thedisclosing party or one of its Affiliates with respect to such information