definiens: shall mean with respect to a Party ( the ), all information which is disclosed by the other Party ( the ) to the Receiving Party hereunder or to any of its employees, consultants, Affiliates, licensees or su blicensees, which is marked as confidential or indi cated at the time of disclosure as being confidential ( and subse quently summarized in writing ) except to the extent that the Receiving Party can demonstrate by written record t hat such information, ( i ) as of the date of disclos ure is demonstrably known to the Receiving Party or its Af filiates other than by virtue of a prior confidenti al disclosure to such Party or its Affiliates ; ( ii ) as of the dat e of disclosure is in, or subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( iii ) is obtained from a Third Party having a law ful right to make such disclosure free from any obligation of co nfidentiality to the Disclosing Party ; or ( iv ) is i ndependently developed by or for the Receiving Party without ref erence to or reliance upon any Confidential Informa tion of the Disclosing Party ; or ( v ) is required to be disc losed by judicial or governmental authority of comp etent jurisdiction ; provided that the Receiving Party sha ll first provide the Disclosing Party with sufficie ntly timely notice of such requirement to permit the Disclosing Party to take measures to avoid or limit the scope of the requested disclosure . Confidential Information shal l include, without limitation, results and data of any type whatsoever, in any tangible or intangible form what soever, including, preclinical data, clinical trial data, databases, practices, methods, techniques, specific ations, formulations, formulae, knowledge, know - how, skill, experience, test data including pharmacological, bi ological, chemical, biochemical, toxicological and clinical test data, analytical and quality control data, stabilit y data, studies and procedures