definiens: means all information relating to Licensed Products or Licensed Processes ( as defined in the TJU Agreement ), as well as any other information regarding the business and operations ofTJU or [COMPANY] or its sublicensee, that is or has been disclosed ( whether orally or in writing ) by [COMPANY] or its sublicensee to TJU or by TJU to [COMPANY] or its sublicensee, as the case may be, to the extent that such information is not : ( i ) as ofthe date ofdisclosure, known to the party making use of the information ( the ) ; or ( ii ) disclosed in published literature, or otherwise generally known to the public through no breach by the Receiving Party of this Letter Agreement ; or ( iii ) obtained by the Receiving Party from a third party free from any obligation of confidentiality to the other party ; or ( iv ) independently developed by the Receiving Party without use of the Confidential Information ofthe other ; or ( v ) in the reasonable opinion oflegal counsel, required to be disclosed under law ; provided that, in the case of ( v ), the party required to disclose such Confidential Information -10 - provides the other party with prior notice ( to the extent practicable ) of such disclosure and agrees to cooperate, at the request and sole expense of the party whose Confidential Information is requested, with such party 's efforts to preserve the confidentiality of such information