definiens: means any scientific, technical, trade or business information relating to the subject matter of this Agree ment designated as confidential or which otherwise should reasonably be construed under the circumstances as being confidential disclosed by or on behalf of Company, including without limitation pursuant to Section 8 of this Agreement, whether in oral, written, graphic or machine -readable form, except to the extent such information : ( i ) was known to Licensor at the time it was disclosed, other than by previous disclosure by or on behalf of Company specifically excluding information disclosed to Licensor by Researcher ; ( ii ) is at the time of disclosure or later becomes publicly known under circumstances involving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available to Licensor by a third party who is not subject to obligations of co nfidentiality to Company with respect to such information ; ( iv ) is independently developed by Licensor without the use of or reference to the Company Confidential Information ; or ( v ) is required to be disclosed by Licensor pursuant to interrogatories, requ ests for information or documents, subpoena, civil investigative demand issued by a court or governmental agency of competent jurisdiction or as otherwise required by law ( provided that, in such case, Licensor shall notify the Company promptly upon receipt thereof to give the Company the opportunity to seek a protective order or other similar order with respect to such information )