definiens: shall mean inform ation, relating to the Invention and the Patent Rig hts, and information disclosed by a party to the other p arty in connection with negotiation, terms and performance of this Agreement which if disclosed in writing shall be marked, or if firs t disclosed otherwise, shall within [ * * * ] days of suc h disclosure be reduced to writing by UNIVERSITY and sent to LICENSEE : ( b ) The receiving party shall : ( i ) use the Confidential Information for the sol e purpose of performing under the terms of this Agreement ; ( ii ) safeguard Confidential Information against disclosure to others with the same degree of care a s it exercises with its own data of a similar nature ; ( iii ) except as otherwise permitted herein, not disclose Confidential Information to others ( except to its employees ( not applicable to UNIVERSITY ’s em ployees, except to the extent related to the terms of this Agreement ), agents, Sublicensees, Aff iliates or consultants who are bound to the receiving party by a like obligation of confidentia lity ) without the express written permission of the disclosing party, except that the receiving party s hall not be prevented from using or disclosing any of the Confidential Information that : ( A ) the receiving party can demonstrate by writt en records was previously known to it ; ( B ) is now, or becomes in the future, public kno wledge other than through acts or omissions of the receiving party ; ( C ) is lawfully obtained by the receiving party from sources independent of disclosing party ; or ( D ) is required to be disclosed by law or a cour t of competent jurisdiction ; and ( c ) The secrecy obligations of the parties with respect to Confidential Information shall continue for a period ending [ * * * ] years from the termination date of this Agreement