definiens: means any scientific, technical, trade or business information relatingto the subject mailer of this Agreement designated as confidential or which otherwise should reasonably be construedunder the circumstances as being confidential disclosed by or on behalf of Company whether in oral, written, graphicor machine - readable form, except to the extent such information : ( i ) was known to Yissum at the time it wasdisclosed, other than by previous disclosure by or on behalf of Company as evidenced by Yissum ’s written records atthe time of disclosure ; ( ii ) is at the time of disclosure or later becomes publicly known under circumstances involvingno breach of this Agreement ; ( iii ) is lawfully and in good faith made available to Yissum by a third party who is notsubject to obligations of confidentiality to Company with respect to such information ; ( iv ) is independently developedby Yissum without the use of or reference to the Company Confidential Information, as demonstrated by documentaryevidence ; or ( v ) is disclosed pursuant to a court or administrative order, provided however that Yissum will first notifyCompany of any such order and afford Company the opportunity to seek a protective order relating to such disclosure