definiens: means all Know- how received ( whether in oral, written, graphic or electronic form ) by a Par ty from the other Party pursuant to this Agreement other than Know - how that the receiving Party can prove by competent evidence : ( i ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally kno wn by or available to the public ; or ( ii ) is known by the receiving Party at t he time of receiving such information, as evidenced by its records ; or ( iii ) is hereafter furnished to the recei ving Party by a Third Party, as a matter of right and without restriction o n disclosure ; or 2 ( iv ) is independently developed by the re ceiving Party without the aid, application or use of Confidential Inform ation ; or ( v ) is the subject of a written permissio n to disclose provided by the disclosing Party