definiens: shall mean and include all data andother information which are disclosed by the Company to Institution for the purposes of conducting Study orrelated to the Study Drug which is marked as at the time of disclosure, or ( i ) in the case of oraldisclosures, identified at the time of such oral disclosure as confidential and reduced to writing and marked as within thirty ( 30 ) days of oral disclosure ; ( ii ) if not marked, regarded as confidential if areasonable person in the relevant field would consider such information to be the Company ’s confidentialinformation given its content and the circumstances of the disclosure . Company Confidential Information shallnot include information to the extent that it : ( i ) is, or later becomes publicly known other than through a breachof this Agreement by the Institution, its employees, or its agents, including the Principal Investigator ; ( ii ) islawfully made available to the Institution, its employees or its agents, including Principal Investigator, by athird party that Institution reasonably believes owes no obligation of confidentiality to the Company ; or ( iii ) wasalready known to or is independently developed by the Institution, its employees, or its agents, includingPrincipal Investigator without reference to or use of the Company Confidential Information . During the term ofthis Agreement and for a period of five ( 5 ) years after its expiration or earlier termination, the Institution shallmaintain the confidentiality of the Company Confidential Information and may not transfer or disclose CompanyConfidential Information to any third party without the Company ’s prior written consent other than as requiredby Applicable Law or as permitted pursuant to the terms of this Agreement