definiens: means the Development Miles tones, the Development Plan, invention disclosures provided by Licensee in accordance with Section 3.3, Sublicense Agreements delivered in accordance with Section 4.1.3.4, diligence reports provided pursuant to Section 5.3, Plans and Explanations provided pursuant to Section 5.4, notification of the attainment of milestones pursuant to Section 6.1 and reports provided pursuant to Section 7.1, except to the extent such information : ( i ) is at the time of disclosure or later becomes publicly known under circum stances involving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available to Licensee by a third party who is not subject to obligations of confidentiality to TRDF or the [COMPANY] with respect to such information ; or ( iv ) is indepen dently developed by Licensee without the use of or reference to Confidential Information, as demonstrated by documentary evidence