definiens: means infonnation received by one Party ( Receiving Party ) from the other Party ( Disclosing Party ) ( I ) that the Receiving Party has a reasonable basis to believe is confidential to the Disclosing Party, or is treated by the disclosing Party as 4 DOCSOC\692815v5l17638.0060 ./ i !, / r confidential, ( 2 ) is identified at the time of disclosure as and, ( 3 ) in the case of disclosures in non - written form, is identified in writing within thirty ( 30 ) days as confidential . Notwithstanding the above, Confidential Information will not include any information which : ( I ) can be demonstrated to have been in the public domain as of the Effective Date or comes into the public domain during the term of this Agreement through no act of the recipient ; or ( 2 ) can be demonstrated to have been independently known to the recipient prior to the receipt thereof, or made available to the recipient as a matter oflawful right by a third party ; or ( 3 ) can be demonstrated to have been rightfully received by the recipient from a third party who did not require the recipient to hold it in confidence or limit its use and who did not acquire it, directly or indirectly, from the other Party to this Agreement under a continuing obligation of confidentiality ; or ( 4 ) will be required for disclosure to any governmental regulatory agencies pursuant to approval for use, provided the Disclosing Party is given reasonable notice of such proposed disclosure and, if requested by the Disclosing Party, the Receiving Party uses reasonable efforts to maintain the confidentiality of such information in such governmental submission ; or ( 5 ) is independently conceived, invented or acquired by researchers of the recipient who have not been personally exposed to the information provided to the recipient hereunder ; or ( 6 ) . is published by a governmental agency as part of the normal patent filing and prosecution process