definiens: shall mean information, including Technology, relating to the Invention anddisclosed by a party ( ) to the other party ( ) during the term of this Agreement, which if disclosed in writing shall be marked, or if first disclosed otherwise, shall within thirty ( 30 ) daysof such disclosure be reduced to writing by the to the : ( b ) The Receiving Party shall : ( i ) use the Confidential Information for the sole purpose of performing under the terms of thisAgreement ; ( ii ) safeguard Confidential Information against disclosure to others with the same degree of careas it exercises with its own data of a similar nature ; ( iii ) not disclose Confidential Information to others ( except to its employees, agents, potentialinvestors, potential Sublicensees, Affiliates, potential lenders, potential acquirers, or consultants who are bound to theReceiving Party by a like obligation of confidentiality ), except that the Receiving Party shall not be prevented fromusing or disclosing any of the Confidential Information that : ( A ) Receiving Party can demonstrate by written records was previously known to it ; ( B ) is now, or becomes in the future, public knowledge other than through acts oromissions of Receiving Party ; ( C ) is lawfully obtained by Receiving Party from sources independent of Disclosing Party1 ; or ( D ) is required to be disclosed by law or a court of competent jurisdiction ; and ( c ) The secrecy obligations of Receiving Party with respect to Confidential Information shall continue for aperiod ending five ( 5 ) years from the termination date of this Agreement