definiens: shall mean any information relating toMSD or RTI or their business which is, ( 1 ) disclosed to the other ( or to the other ’s Affiliates ) during the negotiation of andperformance of this Agreement and ( 2 ) is marked if provided in writing, or if delivered verbally, is reduced towriting within thirty ( 30 ) days and marked shall also include the terms andconditions of this Agreement, all ordering and distribution information arising under this Agreement and all IntellectualProperty Rights relating to Specialty Allografts and Bone Paste . shall not include any informationwhich ( i ) becomes public knowledge without breach by the other of this Agreement ; ( ii ) is obtained by the other ( or theother ’s Affiliates ) from a person or business entity under circumstances permitting its disclosure to others ; ( iii ) may bedemonstrated to have been known at the time of receipt thereof as evidenced by tangible records ; or ( iv ) is required to bedisclosed as a result of a judicial order or decree or governmental law or regulation . If a Party makes a disclosure ofConfidential Information which is permitted by the terms of this Agreement, such Party shall give prior notice to the otherParty, cooperate with the other Party in efforts to prevent or restrict such disclosure and be responsible for ensuring that theperson to whom it is disclosed maintains the confidentiality of such Confidential Information in accordance with the terms ofthis Agreement