definiens: shall mean ( a ) this Agreement, ( b ) the Results and ( c ) all information provided by one Party ( the ) to another Party ( the ) that is clearly identified as by the Disclosing Party at the time of disclosure . If such transmittal occurs orally, the Disclosing Party will promptly reduce such transmittal to writing, mark and identify it as confidential, and provide such record to the Receiving Party . Specifically excepted from Confidential Information is all information that : ( i ) was previously known by the Receiving Party other than by reason of disclosure by the Disclosing Party ; ( ii ) is publicly disclosed except by breach of this Agreement either prior to or subsequent to the Receiving Party 's receipt of such information ; ( iii ) is rightfully received by the Receiving Party from a third party without an express obligation of confidence to the Disclosing Party ; ( iv ) is independently developed by the Receiving Party without use or reliance upon Confidential Information provided by the Disclosing Party ; ( v ) is disclosed 21 < Page > EXECUTION COPY pursuant to any applicable federal, state, local, or international law, or any judicial or government request, requirement or order, provided that the Receiving Party takes reasonable steps to provide the Disclosing Party with sufficient prior notice in order to allow the Disclosing Party to contest such request, requirement or order ; or ( vi ) was provided by the Disclosing Party more than five years prior to disclosure by the Receiving Party