definiens: means any information relating to a Party ( the ), whether written, graphic, electronic or communicated orally by the Disclosing Party to the receiving Party, or its agents, which, at the time of disclosure, is reasonably understood, as being confidential or proprietary to the Disclosing Party . Such shall specifically include, but not be limited to, any disclosure, independent of the physical medium through which the information is disclosed, made by the Disclosing Party to the receiving Party which, at the time of disclosure, is physically marked or verbally qualified as confidential or proprietary . But such shall exclude such information which : ( i ) prior to the 10th of June 2002 was already in the possession of the recipient, as demonstrated by written records ; ( ii ) is generally available to the public, other than as a result of a disclosure by the receiving Party ; ( iii ) is made available to the receiving Party on a non - confidential basis from a source other than the Disclosing Party or its representatives ; or ( iv ) is required by law to be disclosed to a competent court, tribunal, governmental or regulatory authority