definiens: means all information, d ata, know - how and all other business, technical and financial data disclosed hereunder by one Party or any of its Affiliates to the other party or any of its Affiliates, except any po rtion thereof which : ( a ) at the time of disclosure, is public knowledge ; ( b ) after disclosure, becomes public knowledge by publi cation or otherwise, except by breach of this Agreement by the recipient ; ( c ) the recipient can demonstrate by its written record s was in the recipient ’s possession at the time of such disclosure, and which was not a cquired, directly or indirectly, from the disclosing party or its Affiliates ; ( d ) is lawfully disclosed to the recipient on a non - con fidential basis by a third party who is not obligated to the disclosing party or any oth er third party to retain such Confidential Information in confidence ; ( e ) results from research and development by the recipi ent independent of such disclosure as shown by competent evidence ; or ( f ) is required to be disclosed by applicable law, regu lation, or the order of a court of competent jurisdiction ; provided, in each case the Party so disclosing information timely informs the other Party and uses its reasona ble efforts to limit the disclosure and maintain confidentiality to the extent possible and, if possible, permits the other Party to attempt by appropriate legal means to limi t such disclosure