definiens: means all terms in this Agreement, including royalty and other payments, sales information, annual reports provided under this Agreement, -1 - materials relating to pending patent applications, and any business or technical information disclosed by one of tlie Parties to the other Party in writing and marked whether or not patentable, copyrightable, or otherwise protected by law . Notwithstanding the foregoing, Confidential Information will not include, and nothing in Section 17 will in any way restrict the rights of either COH or VICAL to use, disclose, or otherwise deal with any information that : ( i ) was in the public domain as of the Effective Date or comes into the public domain during the term of this Agreement through no act of the receiving Party ; ( ii ) was independently known to the receiving Party prior to receipt from the disclosing Party, or made available to the receiving Party as a matter of lawful right by a third party ; ( iii ) is independently conceived, invented, or acquired by the receiving Party by persons who were not exposed to the information ; or ( iv ) information that is required to be disclosed by law, court order, or other legal process