definiens: means all informatio n and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing or other tangible medium is m arked or identified as confidential at the time of disclosur e to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be dee med to be confidential, except that the Assets shal l be the Confidential Information of both parties . Notwithst anding the foregoing, Confidential Information of a party shall not include that portion of such information and da ta which, and only to the extent, the recipient can establish by written documentation : ( i ) is known to the recipien t as evidenced by its written records before receip t thereof from the disclosing party, ( ii ) is disclosed to the reci pient free of confidentiality obligations by a thir d person who has the right to make such disclosure, ( iii ) is or beco mes part of the public domain through no fault of t he recipient, or ( iv ) the recipient can reasonably establish is inde pendently developed by persons on behalf of recipie nt without access to or use of the information disclosed by th e disclosing party