definiens: means any information, Know - How or other proprietary information or materialsfurnished to one Party ( ) by or on behalf of the other Party ( ) pursuant to this Agreement, except to the extent that such information or materials : ( a ) was already known to the Receiving Party, other than under anobligation of confidentiality, at the time of disclosure by the Disclosing Party, as demonstrated by competent evidence ; ( b ) wasgenerally 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 the public or otherwise part of the public domain after its disclosure and other than through any actor omission of the Receiving Party in breach of this Agreement ; ( d ) was disclosed to the Receiving Party by a Third Party whohad no obligation to the Disclosing Party not to disclose such information to others ; or ( e ) was subsequently developed by theReceiving Party without use of the Disclosing Party Confidential Information, as demonstrated by competent evidence