definiens: means any information disclosed under this Agreement and designated as being confidential or proprietary including but not limited to information relating to any scientific or engineering research project, inventions, discoveries, methods, processes, work in process, future developments, names of suppliers and customers, marketing and business plans relating to a party ( the " Disclosing Pam'I ), whether in oral, written, graphic or electronic form . Confidential Infonnation shall not include information that is : ( i ) known to the other party ( the ) prior to disclosure by the Disclosing Party, as evidenced by prior written business records ; ( ii ) disclosed in published literature, other than by Receiving Party in violation of this Agreement ; ( iii ) generally known or available to industry prior to disolosure by the Disclosing Party ; ( iv ) obtained by the Receiving Party from a third party who is not in breach of any confidentiality obligations to the Disclosing Party ; ( v ) independently developed by the Receiving party without any reference to confidential or proprietary information received from the Disclosing Party ; ( vi ) approved in writing by the Disclosing Party for disclosure ; or ( vii ) is required to be disclosed by operation of law or court order, provided the Receiving Party makes reasonable effbrts to provide the Disclosing Party with notice of such requirement Restated License Agreement : OHRI & . Verlo Tberapeutics March U, 2010 PBge2of26 FATE-327 ( ( ( prior to any such disclosure by the Receiving Party and reasonably assists the Disc10sing Party, at the Disclosing Party 's expense, in avoiding and minimizing such disclosure or obtaining confidential treatment of such information required to be disclosed, to the extent possible