definiens: shall mean any an d all information, data or know -how ( including Know -How ), whether technical or non -technical, oral or written, that is disclosed by one Party or its Affiliates to the other Party or its Affiliates under this Agreement . Confidential Information shall not in clude any information, data or know -how that : ( a)was generally available to the public at the time of disclosure, or becomes available to the public after disclosure by the Disclosing Party, through no fault ( whether by action or inaction ) of the Receiving Party or its Affiliates, ( b)can be evidenced by written records to have been already known to the Receiving Party or its Affiliates prior to its first receipt from the Disclosing Party, ( c)is obtained by the Receiving Party at any time lawfully from a Third Party under circumstances permitting its use or disclosure, ( d)is developed independently by the Receiving Party or its Affiliates without the aid, application or use of the Disclosing Party ’s Confidential Information as evidenced by the Receiving Pa rty ’s written records, ( e)is approved in writing by the Disclosing Party for release by the Receiving Party