definiens: means any information and data received by a party ( the ) from the other party or its Affiliates ( the ) in connection with this Agreement ( which, in the case ofBMS as the Receiving Party, shall include without limitation the LexVision and OmniBank Databases and all information contained therein and all documentation related thereto ; and which, in the case of Lexicon as the Receiving Party, shall include without limitation any partial or complete gene sequences [COMPANY] may provide to Lexicon in connection with this Agreement, any information and data relating to [COMPANY] ' s research and development efforts using the LexVision and OmniBank Databases, a Mutant Mouse, Progeny or any human ortholog of a mouse gene contained in the OmniBank Database and discovered by [COMPANY], and any research, testing, clinical, regulatory, marketing or other scientific ' Of business information, plans, or data pertaining to any Product of [COMPANY] ) . Notwithstanding the foregoing, Confidential Information shall not include any part of such information or data that : ( a ) is or becomes part of the public domain other than by unauthorized acts of the Receiving Party, its Affiliates or Corporate Partners ; ( b ) can be shown by written documents to have been already in the possession of the Receiving Party or its Affiliates or its Corporate Partners prior to disclosure under this Agreement, provided such Confidential Information was not obtained directly or indirectly from the Disclosing Party pursuant to a confidentiality agreement ; ( c ) can be shown by written documents to have been disclosed to the Receiving Party or its Affiliates or Corporate Partners by a Third Party, provided such Confidential Information was not obtained directly or indirectly from the Disclosing Party pursuant to a confidentiality agreement ; 2 ( d ) can be shown by written documents to have been independently developed by the Receiving Party or its Affiliates or its Corporate Partners without use of, or access to, Confidential Information of the Disclosing Party ; or ( e ) is disclosed by the Receiving Party pursuant to interrogatories, requests for information or documents, subpoena, civil investigative demand issued by a court or governmental agency or as otherwise required by law ; provided, however, that the Receiving Party notifies the Disclosing Party promptly upon receipt thereof, giving ( where practicable ) the Disclosing Party sufficient advance notice to permit it to oppose, limit or seek confidential treatment for such disclosure ; and provided, further, that the Receiving Party furnishes only that portion of the Confidential Information which it is advised by counsel is legally required whether or not a protective order or other similar order is obtained by the Disclosing Party