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 byone Party or its Affiliates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, data or know - how that:(i ) was generally available to the public at the time of disclosure, or becomes available tothe public after disclosure by the Disclosing Party other than through fault ( whether byaction or inaction ) of the Receiving Party or its Affiliates,(ii ) can be evidenced by written records to have been already known to the ReceivingParty or its Affiliates prior to its receipt from the Disclosing Party,(iii ) is obtained by the Receiving Party at any time lawfully from a Third Party undercircumstances permitting its use or disclosure,(iv ) is developed independently by the Receiving Party or its Affiliates as evidenced bywritten records other than through knowledge of Confidential Information, or(v ) is approved in writing by the Disclosing Party for release by the Receiving Party