definiens: means any technical, scientific, regulatory, commercial, business or other inf ormation provided by or on behalf of the Disclosing Party to the Receiving Party pursuant to this Agreement or otherwise relating to or disclosed during any transaction contemplated hereby ( including information disclosed prior to the Effective Date under a confidentiality agreement in contemplation of this Agreement ), including information relating to the terms of this Agreement or the Product, and the scientific, regulatory or business affairs or other activities of either Party ; provided that, Confidenti al Information shall not include any information that the Receiving Party can establish : ( a ) was already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time of disclosure by the Disclosing Party and such Receiving Party has documentary evidence to that effect ; ( 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 t he public or otherwise part of the public domain after its disclosure or development, as the case may be, and other than through any act or omission of a Party in breach of this confidentiality obligation ; ( d ) was disclosed to that Party, other than under an obligation of confidentiality, by a Third Party who had no obligation, directly or indirectly, to the Disclosing Party, not to disclose such information to others ; or 46 ( e ) was independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to the other Party and the Receiving Party has documentary evidence to that effect