definiens: shall mean all business, technical, and other information of each party hereunder disclosed by one party ( the ) to the other party hereunder ( the ) at any time prior to or during the term of this Agreement and identified as confidential, together with all records generated or maintained at the Facility relating to Pramlintide Finished Product . Confidential Information shall not include information which, as demonstrated by competent evidence, ( i ) was known to the Receiving Party prior to the disclosure ; ( ii ) was generally available to the public at the time of disclosure or becomes available to the public after disclosure, other than through any act or omission of the Receiving Party in breach of this Agreement ; ( iii ) became known to the Receiving Party, without restriction on disclosure, as the result of disclosure from a third party under no obligation of secrecy to the Disclosing Party ; ( iv ) is required to be disclosed by law ; or ( v ) where OMI is the Disclosing Party, is, in AMYLIN 's reasonable judgment, necessary or useful for the marketing, promotion, or protection of Pram lint ide Finished Product