definiens: means any information and data received by a party from the other party, as well as the terms of this Agreement . Notwithstanding the foregoing, Confidential Information shall not include any part of such Confidential Information that : ( i ) is or becomes part of the public domain other than by unauthorized acts of the party obligated not to disclose such Confidential Information ; ( u ) can be shown by written documents to have been disclosed to the receiving party by a third party, provided such Confidential Information was not obtained by such third party directly or indirectly from the disclosing party with an obligation for such third party to maint ain the confidentiality of such information ; ( iii ) prior to disclosure under this Agreement, was already in the possession of the receiving party and such possession can be evidenced by written documents, provided such Confidential Information was not obta ined directly or indirectly from the disclosing party with an obligation to maintain the confidentiality of such information ; ( iv ) can be shown by written documents to have been independently developed by the receiving party without breach of any of the provisions of this Agreement and such independent development can be evidenced by written documents ; or ( v ) is disclosed by the receiving party pursuant to interrogatories, requests for information or documents, subpoena, civil investigative demand issued by a court or governmental agency or as otherwise required by law, provided, however, that the receiving party notifies the disclosing party immediately upon receipt thereof, giving such disclosing party sufficient advance notice to permit it to seek a prote ctive order or other similar order with respect to such Confidential Information and provided, further, that the receiving party furnishes only that portion of the Confidential Information which it is advised by counsel is legally required whether or not a protective order or other similar order is obtained by the disclosing party