definiens: means any information and datareceived by a party or its Affiliates ( the ) from the otherparty or its Affiliates ( the ) in connection with thisAgreement ( including, without limitation, any research, testing, clinical, regulatory, marketing or other scientific or business information, plans, ordata pertaining to the Licensed Product ) . Notwithstanding the foregoing, Confidential Information shall not include any part of such information or datathat : ( a ) is or becomes part of the public domain other than by unauthorized acts of the Receiving Party or its Affiliates ; ( b ) can be shown by written documents to have been already in the possession of the Receiving Party or its Affiliates prior to disclosure under this Agreement, provided such Confidential Information was not obtained directly or indirectly from the Disclosing Party under an obligation of confidentiality ; ( c ) can be shown by written documents to have been disclosed to the Receiving Party or its Affiliates by a Third Party, provided such Confidential Information was not obtained directly or indirectly from the Disclosing Party under an obligation of confidentiality ; or 2 < PAGE > ( d ) can be shown by written documents to have been independently developed by the Receiving Party or its Affiliates without use of, or access to, Confidential Information of the Disclosing Party