definiens: shall mean the proprietary and confidential infor mation of a Party disclosed under this Agreement, part of a prior dis closure, or developed hereunder, except any portion thereof which : ( a ) is known to the recipient at the time of the disclosure, as evidenced by its written records or other competent evidence ; ( b ) is disclosed to the recipient by a third per son lawfully in possession of such information and not under an obligation of nondisclosure ; ( c ) is published or generally known to the publi c, either before or after the date of disclosure th rough no act or omission on the part of the recipient ; ( d ) is developed by or for the recipient indepen dently of Confidential Information disclosed hereun der as evidenced by the recipient ’s written records or other competent evidence ; or ( e ) is required by law to be disclosed by the re cipient, to defend or prosecute litigation or to co mply with governmental regulations, provided that the re cipient gives the other Party hereto prompt prior w ritten notice of such legal requirement, such that such other Par ty shall have the opportunity to apply for confiden tial treatment of such Confidential Information, and reasonably co operates therewith . The Confidential Information of Company shall be deemed to include all information concerni ng the terms and existence of this Agreement, as we ll as all Technology, Company IP, Company Project IP, Company ’s Other Project IP and other information relating to the Products