definiens: means all informatio n, data, know- how and all other business, technical and financial data disclosed hereunder by one Party or any of its Affiliates to the other Party or any of its Affiliates, except any portion thereof which : ( a ) at the time of disclosure, is public knowledge ; ( b ) after disclosure, becomes public knowledge by p ublication or otherwise, except by breach of this Agreement by the recipient ; ( c ) the recipient can demonstrate by its written record s was in the recipient ’s possession at the time of such disclosure, and which was not acquired, direct ly or indirectly, from the disclosing Party or its Affiliates ; ( d ) is lawfully disclosed to the recipient on a non -confidential basis by a third party who is not obligated to the disclosing Party or any other thir d party to retain such Confidential Information in confidence ; ( e ) results from research and development by the re cipient independent of such disclosure as shown by competent evidence ; or 2 ( f ) is required to be disclosed by legal process ; p rovided, in each case the Party so disclosing information timely informs the other Party and uses its reasonable efforts to limit the disclosure and maintain confidentiality to the extent possible and, if possible, permits the other Party to attempt by appropriate legal means to limit such di sclosure, subject to the provisions of Section 4.6