definiens: means all information an d data provided by the Parties to each other hereun der in written or other tangible medium whether or not marked as confidential or, if disclosed orally or d isplayed, identified as confidential at the time of disclosur e, except any portion thereof which : - 2 - CONFIDENTIAL TREATMENT REQUESTED ( a ) is known to the receiving Party, as evidenced b y the receiving Party ’s written records, before receipt thereof under this Agreement or any other a greement between the Parties providing for confiden tiality ; ( b ) is disclosed to the receiving Party by a third person who is under no obligation of confidentialit y to the disclosing Party hereunder with respect to s uch information and who otherwise has a right to ma ke such disclosure ; ( c ) is or becomes generally known in the trade thro ugh no fault of the receiving Party ; ( d ) is independently developed by the receiving Par ty without reference to or reliance upon the Disclosing Party ’s Confidential Information and by persons having no access thereto, as evidenced by t he receiving Party ’s written records ; or ( e ) is required to be disclosed by applicable statu te, rule or regulation of any court or Regulatory Authority with competent jurisdiction ; provided tha t the Party whose information is to be disclosed sh all be notified as soon as possible and the Party that is being required to disclose such information shall, if requested by the Party whose information is to be disclosed, use reasonable good faith efforts, at the expense of t he requesting Party, to assist in seeking a protective order ( or equivalent ) with respect to such disclosure or othe rwise take reasonable steps to avoid making such disclosure