definiens: shall mean all information, data, know - how and allother business, technical and financial data disclosed hereunder by one Party or any of itsAffiliates to the other Party or any of its Affiliates, except any portion thereof which:(a ) at the time of disclosure, is the subject of the public knowledge;(b ) after disclosure, becomes part of the public knowledge by publication orotherwise, except by breach of this Agreement by the recipient;(c ) the recipient can demonstrate by its written records that were in the recipient'spossession at the time of such disclosure, and which was not acquired, directly or indirectly, from the disclosing party;(d ) was lawfully disclosed to the recipient on a non - confidential basis by a ThirdParty who is not obligated to the disclosing Party or any other Third Party to retain suchConfidential Information in confidence;(e ) results from research and development by the recipient independent of suchdisclosure as shown by competent written evidence ; or(I ) is required to be disclosed by legal process ; provided, in each case the Party sodisclosing information timely informs the other Party and uses its best efforts to limit thedisclosure and maintain confidentiality to the extent possible and permits the other Party toattempt by appropriate legal means to limit such disclosure