definiens: shall mean all information and / ortechnical data which is disclosed by one party hereto to the other party heretopursuant to this Agreement which the disclosing party treats as confidential andidentifies as such, other than ( i ) information known to the receiving party orits Affiliates prior to the disclosure of such information to such party, provided said prior knowledge is supportable by documentary evidence, ( ii)information which at the time of the disclosure is, or thereafter becomes, generally known to the public, provided that such public knowledge does notresult from any act or disclosure by the receiving party or one of itsAffiliates in violation of the terms of this Agreement, ( iii ) information whichcan be shown to be independently discovered, after the date hereof, by a party, or one of its Affiliates, without the aid, application or use of the disclosedinformation, or ( iv ) information obtained by the receiving party from a thirdparty which is determined to be in lawful possession of such information, provided such third party is not in violation of any contractual or legalobligation to the disclosing party or one of its Affiliates with respect to suchinformation