definiens: of a Disclosing Party ( ( defined below ) shall mean all data, specifications, marketing materials, formulae, records, sales manuals, customer lists, mailing lists, letters, technical documents, brochures, price lists and all other material, with respect to the Product and whether written, oral or electronic, provided to or obtained by the Receiving Party ( defined below ) or an Mfiliate ( defined below ) of the Receiving Party relating to the Disclosing Party or an AffIliate of the Disclosing Party, provided that Confidential Information shall not include : ( a ) such information which was lawfully in the Receiving Party 's possession or control prior to the time such information was disclosed to it by the Disclosing Party, ( b ) such information that was developed by the Receiving Party without the Receiving Party having access to such information, ( c ) such information which was lawfully obtained by the Receiving Party from a third party under no obligation of confidentiality to the Disclosing Party, ( d ) such information which was at the time it was disclosed or obtained by the Receiving Party, or thereafter became, publicly known otherwise than through a breach by the Receiving Party of its obligations to the Disclosing Party, ( e ) is independently developed by the Receiving Party as evidenced by contemporaneous written documentation, or v ) is required by law or regulation to be disclosed ( including, without limitation, in connection with FDA or CE Mark filings ), provided that the Receiving Party uses reasonable efforts to notify the Disclosing Party to provide an opportunity to restrict its disclosure and to obtain confidential treatment, or vi ) is disclosed to auditors as part of a quality control or similar audit . shall mean any person or entity controlled by, controlling, or under common control with a party, shall refer to ( i ) the possession, directly or indirectly, of the power to direct the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise, or ( ii ) the ownership, directly or indirectly, of at least thirty percent ( 30 % ) ( or, if less, the maximum ownership interest permitted by law ) of the voting securities or other ownership interest of a person ( Mfiliates of [COMPANY] shall include, but not necessarily be limited to, [COMPANY] Group Incorporated ) . During the Term of this Agreement and for a period of three ( 3 ) years after its expiration or termination, the Receiving Party shall : ( i ): not at any time disclose Confidential Information of the Disclosing Party to any person or entity without the Disclosing Party 's prior written approval, and ( ii ) use the Confidential Information of the Disclosing Party only to carry out its obligations under this Agreement and for the benefit of the Disclosing Party