definiens: shall mean any and all information, data or know - how ( including Know - How ), whether technical ornon - technical, oral or written, that is disclosed by one Party or its Affiliates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, data or know - how that:(i ) was generally available to the public at the time of disclosure, or information that becomes available to the public after disclosure by theDisclosing Party other than through fault ( whether by action or inaction ) of the Receiving Party or its Affiliates,(ii ) can be evidenced by written records to have been already known to the Receiving Party or its Affiliates prior to its receipt from theDisclosing Party,(iii ) is obtained at any time lawfully from a Third Party under circumstances permitting its use or disclosure,(iv ) is developed independently by the Receiving Party or its Affiliates as evidenced by written records other than through knowledge ofConfidential Information, or(v ) is approved in writing by the Disclosing Party for release by the Receiving Party