definiens: shall mean confident ial information disclosed by one Party ( the ) to the other Party ( the ) during the term of this Agreement, which if disclosed in writing shall be marked, or if first disclosed oth erwise, shall within thirty ( 30 ) days of such discl osure be reduced to writing by the Disclosing Party and sent to the Recipient : ( b ) Recipient shall : ( 1 ) use the Confidential Information for the sole p urpose of performing under the terms of this Agreem ent ; ( 2 ) safeguard Confidential Information against disc losure to others with the same degree of care as it exercises with its own data of a similar nature ; ( 3 ) not disclose Confidential Information to others ( except to its employees, agents or consultants wh o are bound by a like obligation of confidentiality ) without th e express written permission of the Disclosing Part y, except that Recipient shall not be prevented from using or disc losing any of the Confidential Information that : ( i ) Recipient can demonstrate by written records wa s previously know to it ; ( ii ) is now, or becomes in the future, public knowl edge other than through acts or omissions of Recipi ent ; or ( iii ) is lawfully obtained by Recipient from source s independent of Disclosing Party ; and ( c ) The secrecy obligations of Recipient with respe ct to Confidential Information shall continue for a period ending five ( 5 ) years from the termination date of this Agreement