definiens: means all infonnation, data, know - how and all other business, technical and financial data disclosed hereunder by one party or any of its Affiliates to the other party or any of its Affiliates, except any portion thereof which : ( a ) at the time of disclosure, is in the public knowledge ; ( b ) after disclosure, becomes part of the public knowledge by publication or otherwise, except by breach of this Agreement by the recipient ; ( c ) the recipient can demonstrate by its written records was in the recipient 's possession at the time of such disclosure, and which was not acquired, directly or indirectly, from the disclosing party ; ( d ) is lawfuJly disclosed to the recipient on a non - confidential basis by a third party who is not obligated to the disclosing party or any other third party to retain such Confidential Infonnation in confidence ; ( e ) results from research and development by the recipient independent of such disclosure as shown by competent evidence ; or ( f ) is required to be disclosed by legal process ; providOO, in each case the party so disclosing information timely infonns the other party and uses its best efforts to limit the disclosure and maintain confidentiality to the extent possible and, if possible, permits the other party to attempt by appropnate legal means to limit such disclosure