definiens: to the other . For purposes of this Agreement, is defined as allinformation, data and know - how disclosed by one party ( the ) to the other ( the ), either embodied in tangible materials ( including writings, drawings, graphs, charts, photographs, recordings, structures, technical and other information ) marked or, if initially disclosed orally, which is reduced towriting marked within 21 days after initial oral disclosure, other than that information which is : i ) known by the Receiving Party at the time of its receipt, and not through a prior disclosure by the DisclosingParty, as documented by the Receiving Party ’s business records ; or ii ) at the time of disclosure, or thereafter becomes, published or otherwise part of the public domain without breachof this Agreement by the Receiving Party ; or iii ) obtained from a third party who has the legal right to make such disclosure and without any confidentialityobligation to the Disclosing Party ; or [ * * * ] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HASBEEN REQUESTED . ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES ANDEXCHANGE COMMISSION PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIESEXCHANGE ACT OF 1934, AS AMENDED 12 iv ) independently developed by the Receiving Party without the use of Confidential Information received from theDisclosing Party and such independent development can be documented by the Receiving Party ; or v ) disclosed to governmental or other regulatory agencies in order to obtain patents, provided that such disclosuremay be made only to the extent reasonably necessary to obtain such patents or authorizations, and furtherprovided that any such patent applications shall be filed in accordance with the terms of this Agreement ; or vi ) required by law, regulation, rule, act or order of any governmental authority to be disclosed