definiens: shall mean ( a ) thisAgreement, ( b ) the Results and ( c ) all information provided by one Party ( the ) to another Party ( the ) that is clearly identified as by the Disclosing Party at the time of disclosure . Ifsuch transmittal occurs orally, the Disclosing Party will promptly reduce such transmittal to writing, mark andidentify it as confidential, and provide such record to the Receiving Party . Specifically excepted from ConfidentialInformation is all information that : ( i ) was previously known by the Receiving Party other than by reason ofdisclosure by the Disclosing Party ; ( ii ) is publicly disclosed except by breach of this Agreement either prior to orsubsequent to the Receiving Party ’s receipt of such information ; ( iii ) is rightfully received by the Receiving Partyfrom a third party without an express obligation of confidence to the Disclosing Party ; ( iv ) is independentlydeveloped by the Receiving Party without use or reliance upon Confidential Information provided by the DisclosingParty ; ( v ) is disclosed pursuant to any applicable federal, state, local, or international law, or any judicial orgovernment request, requirement or order, provided that the Receiving Party takes reasonable steps to provide theDisclosing Party with sufficient prior notice in order to allow the Disclosing Party to contest such request, requirement or order ; or ( vi ) was provided by the Disclosing Party more than five years prior to disclosure by theReceiving Party