definiens: shall mean all ideas and information of any kind that are held in confidence byone Party and transferred, disclosed or made available by such Party to a receiving Party and are identified at the time ofdisclosure as being proprietary or confidential . The obligations in this Agreement with respect to Confidential Informationshall not apply to any portion of the Confidential Information that the receiving Party can demonstrate by legally sufficientevidence ( i ) now or hereafter, through no act or failure to act on the part of the receiving Party, is or becomes public ; ( ii ) isknown to the receiving Party or one of its [ * * * ] Certain information in this document has been omitted and filed separately with the Securities and ExchangeCommission . Confidential treatment has been requested with respect to the omitted portions . Affiliates at the time such Party receives such Confidential Information from the disclosing Party ; ( iii ) is hereafter furnished tothe receiving Party by an unrelated Third Party without violating any agreement with the disclosing Party ; or ( iv ) isindependently developed by the receiving Party or one of its Affiliates without use of any Confidential Information receivedfrom the other Party . LICENSEE, prior to disclosure of information believed by LICENSEE to fall into parts ( i)-(iv ) of thisSection, shall provide written notice to SLU with sufficient time so that SLU can make an independent assessment as towhether the information is or is not Confidential Information