definiens: shall mean any proprietary and secret ideas, proprietary technical information, know - how and proprietary commercial information or other similar proprietary information . Neither Party shall have anobligation of confidentiality with respect to Confidential Information that:(i ) at the time of its disclosure or thereafter is disclosed in a publicly available document through no fault of thereceiving Party;(ii ) at the time of its disclosure is, or thereafter becomes without fault of the receiving Party, part of the publicdomain;(iii ) was in the possession of the receiving Party prior to disclosure by the disclosing Party hereunder and was notacquired directly or indirectly from any third party under obligation of confidentiality to the disclosing Party;(iv ) subsequent to its disclosure, is obtained from a third party not subject to a contractual or fiduciary obligationfor confidentiality to the disclosing Party ; or(v ) is required by court or governmental order, law or regulation to be disclosed