definiens: shall mean all information, data, know - how and all other business, technical andfinancial data disclosed hereunder by one Party or any of its Affiliates to the other Party or any of its Affiliates, exceptany portion thereof which : ( a ) at the time of disclosure, is in the public knowledge;-2- ( b ) after disclosure, becomes part of the public knowledge by publication or otherwise, except by breach of thisAgreement by the recipient ; ( c ) the recipient can demonstrate by its written records was in the recipient ’s possession at the time of suchdisclosure, and which was not acquired, directly or indirectly, from the disclosing Party ; ( d ) is lawfully disclosed to the recipient on a non - confidential basis by a Third Party who is not obligated to thedisclosing Party or any other Third Party to retain it in confidence ; ( e ) results from research and development by the recipient independent of such disclosure and can be sodocumented in writing ; or ( f ) is required to be disclosed by legal process ; provided, however, that in each such case the Party sodisclosing information timely informs the other Party and uses its reasonable good faith efforts to limit the disclosureand maintain confidentiality to the extent possible and permits the other Party to attempt by appropriate legal meansto limit such disclosure