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 itsAffiliates, except any portion thereof which : 1.10.1 at the time of disclosure, is in the public knowledge ; or 1.10.2 after disclosure, becomes part of the public knowledge, by publication or otherwise, except bybreach of this Agreement by the recipient ; or 1.10.3 the recipient can demonstrate by its written records was in the recipient ’s possession at thetime of such disclosure, and which was not acquired, directly or indirectly, from the disclosingParty ; or CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.80(b)(4 ) AND 240.24b-2 . [ * * * * * ] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILEDSEPARATELY WITH THE COMMISSION . THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITHTHE COMMISSION