definiens: means information relating to the subject matter of this Agreement, provided by oneParty to the other Party and identified as ; provided, however, that Confidential Information will not includeany such information that:(a ) was known to the receiving Party at the time of disclosure by the disclosing Party ( other than through priorreceipt from the disclosing Party or its Affiliates ), as can be established by written documentation;(b ) was generally available to the public or was otherwise part of the public domain at the time of such disclosure orbecame generally available to the public or otherwise part of the public domain after such disclosure other than through anyact or omission of the receiving Party in breach of this Agreement ; * * * Confidential Treatment Requested2**(c ) became known to the receiving Party after disclosure by the disclosing Party through a non - confidentialdisclosure from a source that had a lawful right to disclose such information to others, as can be established by appropriatedocumentation ; or(d ) was independently developed by the receiving Party where such independent development can be established bywritten documentation