definiens: shall mean all information, including ------------------------ but not limited to product specifications, data, kn ow - how, formulations, product concepts, sample materials, business and technical information, financial data, and deal terms, whether in written form or disclose d orally, visually and/or in another tangible form, identified as as described below and disclosed hereunder by one Party to the other Party . Any of Customer 's material and information directly and specifically relating to the Product, and any data directly and specifically relating to the Product g enerated as a result of this Agreement shall be considered Confidential Informat ion of the Customer whether or not so identified . Confidential Information shal l not include any portion thereof which : ( a ) at the time of disclosure, is in the public knowledge ; ( b ) after disclosure, becomes part of the public knowledge by publication or otherwise, except by breach of th is Agreement by the receiving Party, its Affiliates, employees, consultants or ag ents ; -5- ( c ) the receiving Party can d emonstrate by its written records was in the receiving Party 's possession at the time of such disclosure, and which was not acquired, directly or indirectly, from the disclosing Party ; ( d ) is lawfully disclosed to the receiving Party by a Third Party who is not obligated to the disclosing Party or any other Third Party to retain such Confidential Information in co nfidence ; ( e ) results from research and development by the receiving Party independent of such disclosure as shown by co mpetent evidence, which includes, but is not limited to, records contempora neously maintained with such research and development ; or ( f ) is required to be disclos ed by legal process ; provided, in each case the Party so disclosing info rmation timely informs the other Party and uses its best efforts to limit the content of the disclosure, limit the disclosure to those specific legal partie s requesting such information and maintain confidentiality to the extent possible and permits the other Party to attempt by appropriate legal means to limit such disclosure in terms of content and recipients and only to the extent requi red by law