definiens: means, with respect to a Party, all information o f any kind whatsoever ( including without limitation data, compilations, f ormulae, models, patent disclosures, procedures, pr ocesses, projections, protocols, results of experimentation and testing, specifications, strategies, techniques and all non - public intellectual property rights, as hereinafter defined ), and all tangible and intangible embodime nts thereof of any kind whatsoever ( including without limitation a pparatus, compositions, documents, drawings, machin ery, patent applications, records and reports ), which is disclosed by such Party to the other Party regardl ess of whether same is marked, identified as or otherwise acknowledged to be confidential at the time of disc losure to the other Party . All information shall be deemed co nfidential unless agreed otherwise . Notwithstanding the foregoing, Confidential Information of a Party shal l not include information which the other Party can establish by written documentation or similar evidence ( a ) to have been publicly known prior to disclosure of su ch information by the disclosing Party to the other Pa rty, ( b ) to have become publicly known, without bre ach of this Agreement or violation of Applicable Laws on the pa rt of the other Party, subsequent to disclosure of such information by the disclosing Party to the other Pa rty, ( c ) to have been received by the other Party a t any time from a source, other than the disclosing Party, rig htfully having possession of and the right to discl ose such information, ( d ) to have been otherwise known by th e other Party under no obligation of confidentialit y prior to disclosure of such information by the disclosing Pa rty to the other Party, or ( e ) to have been indepen dently developed by employees or agents of the other Party without the use of or reliance upon such informati on disclosed by the disclosing Party to the other Part y