definiens: means any information which in any way shall relate to a disclosing party, including, without limitation, its products, business, know - how, methods, trade secrets and technology, or to any Affiliate of such party, that shall be furnished to or obtained by the other party in connection with this Agreement . Confidential Information shall not include any information that : ( i ) at the time of disclosure, is generally available to the public ; ( ii ) after the time of disclosure, becomes generally available to the public, except as a result of a breach of this Agreement by the recipient of such 110967.00100/11375276vl CONFIDENTIAL TREATMENT information ; ( iii ) prior to the time of disclosure, becomes available to the recipient of such information from a third party which is not legally or contractually prohibited from disclosing such Confidential Information ; provided, that such Confidential Information was not acquired, directly or indirectly, from the disclosing party or its Affiliates ; ( iv ) the recipient of which can demonstrate was developed by or for such recipient independently of, and without the use of, the Confidential Information disclosed by the disclosing party or its Affiliates hereunder ; or ( v ) is required to be disclosed by legal or judicial process ; provided, in each case, the party so disclosing information timely informs the other party, uses its commercially reasonable efforts to limit the disclosure required by such legal or judicial process, and permits the other party to attempt, by appropriate legal means, to limit such disclosure . means the first sale of the Product by Leiner under this Agreement in an arms ' length transaction to an unaffiliated third party