definiens: shall mean any info rmation conveyed in written, graphic, machine - reada ble or other tangible form, or any information conveyed or ally . Notwithstanding the above, information shall not be deemed Confidential Information to the extent that it ( i ) was generally known and available in the pub lic domain at the time it was disclosed or subsequently become s generally known and available in the public domai n through no fault of the recipient ; ( ii ) was known t o and recorded by the recipient at the time of disc losure ; ( iii ) is disclosed with the prior written approval of the di sclosing party ; ( iv ) can be demonstrated by the rec ipient to have been independently developed by it without any use of the disclosing party ’s Confidential Informa tion ; or ( v ) becomes known to the recipient from a source ot her than the disclosing party without breach of thi s Agreement . The obligation not to use or disclose sa i d Confidential Information will remain in effect u ntil one of these exceptions occurs