definiens: shall mean any and all information, data or know - how, whether technical or non - technical, oral or written that is disclosed by one party or its Affiliates ( ) to the other party or itsAffiliates ( ) or information generated by one of the parties during the performance of the ResearchProgram . Confidential Information shall not include any information, data or know - how which : either before or afterdisclosure to the Receiving Party, was or becomes published or generally known to the public through no fault oromission on the part of the Receiving Party ; or ( a)was known or used by the Receiving Party prior to its disclosure by the Disclosing Party to the ReceivingParty ; or ( b)either before or after disclosure to the Receiving Party, is provided to the Receiving Party by a Third Partyhaving the right to do so ; ( c)is independently developed by the Receiving Party without reference to any Confidential Informationpreviously disclosed by the Disclosing Party ; or ( d)is required to be disclosed by the Receiving Party to comply with applicable laws, to defend or prosecutelitigation or to comply with governmental regulations, provided that, the Receiving Party provides priorwritten notice of such disclosure to the Disclosing Party and, to the extent practicable, requests confidentialtreatment ( where available ) or takes reasonable and lawful actions to minimize the degree of such disclosure