definiens: shall mean any and all information, data or know -how ( including Know -How ), whether technical or non -technical, oral or written, that is disclosed by one Party or its Affiliates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, data or know -how that : ( i ) was generally available to the public at the time of disclosure, or becomes available to the public after disclosure by the Disclosing Party other than t hrough fault ( whether by action or inaction ) of the Receiving Party or its Affiliates, ( ii ) can be evidenced by written records to have been already known to the Receiving Party or its Affiliates prior to its receipt from the Disclosing Party without obligations of confidentiality, ( iii ) is obtained at any time lawfully from a Third Party u nder circumstances permitting its use or disclosure, ( iv ) is developed independently by the Receiving Party or its Affiliates as evidenced by written records other than through knowledge of Confidential Information of the Disclosing Party, or ( v ) is approved in writing by the Disclosing Party for release by the Receiving Party