definiens: means all information an d data provided by the Parties to each other hereun der in written or other tangible form and marked as con fidential or, if disclosed orally or displayed, ide ntified as confidential at or about the time of disclosure and confirmed in summary written form as confidential within thirty ( 30 ) days after disclosure, except any porti on thereof which : ( a ) is known to the receiving Party, as evidenced b y the receiving Party ’s written records, before receipt thereof under this Agreement or any other a greement between the Parties hereto providing for confidentiality ; ( b ) is disclosed to the receiving Party by a third person who is not under an obligation of confidentiality to the disclosing Party hereunder w ith respect to such information and who otherwise h as a right to make such disclosure ; ( c ) is or becomes generally known in the trade thro ugh no fault of the receiving Party ; ( d ) is independently developed by the receiving Par ty, without resort to the disclosing Party ’s confidential information, by persons having no acce ss thereto, as evidenced by the receiving Party ’s written records ; or ( e ) is required to be disclosed by applicable statu te, rule or regulation of any court or regulatory authority with competent jurisdiction ; provided tha t the Party whose information is to be disclosed sh all be notified as soon as possible and the Party that is being required to disclose such information shall, if requested by the party whose information is to be d isclosed, use reasonable good faith efforts, at the expense of the requesting Party, to assist in seeki ng a protective order ( or equivalent ) with respect to such disclosure or otherwise take reasonable steps to av oid making such disclosure