definiens: means all information, data, know - how and all oth er 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 po rtion thereof which : ( a ) at the time of disclosure, is general ly known to the public ; ( b ) after disclosure, becomes generally k nown to the public 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 a cquired, directly or indirectly, from the disclosing party or its Affiliates ; ( d ) is lawfully disclosed to the recipien t on a non - confidential basis by a third party who is not obligated to the disclosing party or any oth er third party to retain such Confidential Information in confidence ; ( e ) results from research and development by the recipient independent of such disclosure as shown by competent evidence from its written records ; or 2 ( f ) is required to be disclosed by appli cable law, regulation, the order of a court of competent jurisdiction or by a government authority ; provided, in each case the party so disclosing information, to the extent possible a nd legal, timely informs the other party and uses its reasonable efforts to limit the disclosure and maintain confidentiality to the extent possible and, if poss ible, permits the other party to attempt by appropriate legal means to limit such di sclosure