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 any of its Affiliates ( each, a ) to the other Party or any of its Affiliates ( each a ), including, after the Effective Date, any Eleven NDA Information and any Eleven MTA Information . Confidentia l Information shall not include any information, data or know -how that : ( i ) was generally available to the public at the time of disclosure by the Disclosing Party to the Receiving Party, or becomes available to the public after disclosure by the Disclosing Party to the Receiving Party other than through fault ( whether by action or inaction ) of the Receiving Party or any of its Affiliates under circumstances permitting its use or disclosure, ( ii ) can be evidenced by written records to have bee n already known to the Receiving Party or any of its Affiliates prior to its receipt from the Disclosing Party, ( iii ) is obtained by the Receiving Party or any of its Affiliates at any time lawfully from a Third Party under circumstances permitting its use or disclosure, ( iv ) is developed independently by the Receiving Party or any of its Affiliates as evidenced by written records other than through knowledge of or reference to the Disclosing Party ’s Confidential Information, or ( v ) is approved in writing by the Disclosing Party for release by the Receiving Party