definiens: means all information, data, know - how and all other business, technical andfinancial data disclosed hereunder by one party or any of its Affiliates to the other party or any of itsAffiliates, except any portion thereof which : ( a ) at the time of disclosure, is public knowledge ; ( b ) after disclosure, becomes public knowledge by publication or otherwise, except by breach of thisAgreement by the recipient ; ( c ) the recipient can demonstrate by its written records was in the recipient ’s possession at the time ofsuch disclosure, and which was not acquired, directly or indirectly, from the disclosing party ; ( d ) is lawfully disclosed to the recipient on a non - confidential basis by a third party who is notobligated to the disclosing party or any other third party to retain such Confidential Information inconfidence ; ( e ) results from research and development by the recipient independent of such disclosure as shown bycompetent evidence ; or ( f ) is required to be disclosed by legal process ; provided, in each case the party so disclosinginformation timely informs the other party and uses its reasonable efforts to limit the disclosure andmaintain confidentiality to the extent possible and, if possible, permits the other party to attemptby appropriate legal means to limit such disclosure