definiens: shall mean allInformation, and other information and materials, received by the Receiving Party from the Disclosing Party pursuantto this Agreement or designated Confidential Information hereunder . A Party shall have no non - disclosure or non - useobligations under this Article with respect to any portion of any Confidential Information which : ( i ) is generally known oravailable to the public through no act or failure to act on the part of the Receiving Party ; or ( ii ) was known to theReceiving Party as shown by its written records, 10without obligation to keep it confidential, prior to when it was received from the Disclosing Party ; or ( iii ) issubsequently disclosed to the Receiving Party by a Third Party lawfully in possession thereof without obligation tokeep it confidential ; or ( iv ) has been independently developed by the Receiving Party without the aid, application oruse of Confidential Information or any other breach of this Article as shown by the Receiving Party ’s written records