definiens: shall mean any and all information, data or know - how ( includingKnow - How ), whether technical or non - technical, oral or written, that is disclosed by one Party or itsAffiliates ( ) to the other Party or its Affiliates ( ) under this Agreement, that particular Non - Disclosure Agreement entered into by the Parties effective February 3, 2017, or thatparticular Non - Disclosure Agreement entered into by the Parties effective March 20, 2017 . ConfidentialInformation shall not include any information, data or know - how that : a)was generally available to the public at the time of disclosure, or information that becomesavailable to the public after disclosure by the Disclosing Party, through no fault ( whether by actionor inaction ) of the Receiving Party or its Affiliatesb)can be evidenced by written records to have been already known to the Receiving Party or itsAffiliates prior to its first receipt from the Disclosing Party, c)is obtained by the Receiving Party at any time lawfully from a Third Party under circumstancespermitting its use or disclosure, d)is developed independently by the Receiving Party or its Affiliates without the aid, application oruse of the Disclosing Party ’s Confidential Information as evidenced by the Receiving Party’swritten records, e)is approved in writing by the Disclosing Party for release by the Receiving Party