definiens: means all information about any element of Quark Technology, as well asany other information regarding the business and operations of Quark, that is disclosed ( whether orally, electronically or inwriting ) by Quark to [COMPANY] or its Affiliates and ( a ) in the case of oral information, is outlined in a summary prepared by Quarkand delivered to [COMPANY] promptly after disclosure and ( b ) in the case of written or electronic information is designated in writing by Quark at the time of disclosure to [COMPANY], to the extent that such information is not ( i ) as of thedate of disclosure to [COMPANY], known to [COMPANY], other than by virtue of a prior confidential disclosure to [COMPANY] by Quark ; or ( ii)disclosed in published literature, or otherwise generally known to the public through no fault or omission of [COMPANY] ; or ( iii)obtained from a Third Party free from any obligation of confidentiality to Quark ; or ( iv ) independently developed by Pfizerwithout access to the Quark Confidential Information ; or ( v ) in the reasonable opinion of legal counsel, required to bedisclosed under applicable Law ; provided that, in the case of ( v ), [COMPANY] provides Quark sufficient prior notice ( to the extentpracticable ) of such disclosure and agrees to cooperate, at the request and sole expense of Quark, with Quark ’s efforts topreserve the confidentiality of such information