definiens: means information which : 4 .1 has been publicly known prior to disclosure of such information by the disclosing Party to the other Party, .2 has become publicly known, without fault on the part of the other Party, subsequent to disclosure of suchinformation by the disclosing Party to the other Party, .3 has been received by the other Party at any time from a source, other than the disclosing Party, rightfullyhaving possession of and the right to disclose such information, .4 the other Party can establish by written documentation was otherwise known by the other Party prior todisclosure of such information by the disclosing Party to the other Party, .5 the other Party can establish by written documentation to have been independently developed by employeesor agents of the other Party without access to or use of such information disclosed by the disclosing Party tothe other Party, or .6 is required to be disclosed in order to allow a Party to defend against litigation with a Third Person, to fileand prosecute patent applications or to comply with applicable laws or rules or regulations of any competentauthority or stock exchange