definiens: shall mean an entity in which the discl osing Party maintains an ownership position or an entity under common ownership or control with the d isclosing Party ; or ( d ) that are required pursuant to a court order or by law . The foregoing prohibition shall not apply to information that : ( i ) a Party ca n show it knew prior to disclosure without obligation of confidentiality ; ( ii ) is or becomes public knowledge through no fault of said Party ; or ( iii ) is lawfully disclosed by a third party under no obligation of confidentiality . This Section 4.1 sha ll survive any termination of this Agreement for a period of five ( 5 ) years thereafter . Each Party sha ll either return to the other Party, or destroy, al l Confidential Information received hereunder upon th e expiration or termination of this Agreement, except that each Party may retain one ( 1 ) copy of s uch Confidential Information in order to satisfy an y future legal obligations it may have . Notwithstandi ng anything to the contrary contained herein, if reasonably necessary, Distributor shall be permitte d to disclose to potential and existing customers o f Distributor ( and any potential purchaser of Distrib utor ) the general terms of this Agreement