definiens: shall mean any and all information, data or know - how ( including Know - How ), whether technical or non - technical, oral or written, that is disclosed by one Party or its Affiliates ( ) to the other Party or its Affi liates ( ) . Information shall not i nclude any information, data or know - how which : ( i ) was generally available to the public at the ti me of disclosure, or information which becomes available to the public after disclosure by the Dis closing Party other than through fault ( whether by action or inaction ) of the Receiving Party, 3 ( ii ) can be shown by cogent written records to have been already known to the Receiving Party prior to its receipt from the Disclosing Party, ( iii ) is obtained at any time lawfully from a third Person under circumstances permitting its use or disclosure, ( iv ) is developed independently by the Receiving Pa rty as evidenced by written records other than through knowledge of Confidential Information, ( v ) is required to be disclosed by the Receiving Pa rty to comply with a court or administrative order providing the Receiving Party furnishes prompt noti ce ( in no event less than three ( 3 ) days ) to the Disclosing Party to enable it to resist such disclo sure, or ( vi ) is approved in writing by the Disclos ing Party for release by the Receiving Party