definiens: shall mean and include all data and otherinformation which are disclosed by the Institution to Company, for the purposes of conducting Study which ismarked as at the time of disclosure, or ( i ) in the case of oral disclosures, identified at the time ofsuch oral disclosure as confidential and reduced to writing and marked as within thirty ( 30 ) daysof oral disclosure ; ( ii ) if not marked, regarded as confidential if a reasonable person in the relevant field wouldconsider such information to be the Institution ’s confidential information given its content and thecircumstances of the disclosure . Institution Confidential Information shall not include information to the extentthat it : ( i ) is, or later becomes publicly known other than through a breach of this Agreement by the Company, its employees, or its agents ; ( ii ) is lawfully made available to the Company, its employees or its agents, by athird party that Company reasonably believes owes no obligation of confidentiality to the Institution ; or ( iii ) wasalready known to or is independently developed by the Company, its employees, or its agents . During the termof this Agreement and for a period of five ( 5 ) years after its expiration or earlier termination, the Company shallmaintain the confidentiality of the institution Confidential Information and may not transfer or discloseInstitution Confidential Information to any third party without the Institution ’s prior written consent other than asrequired by Applicable Law or as permitted pursuant to the terms of this Agreement