definiens: shall mean all Information, data, k now - how, and all other proprietary and confidential business, technical, and financial data, including without limitation the Development Deliverables disclosed hereunder, by one Party or any of its Affiliates to the other Party or any of its Affiliates pu rsuant to this Agreement, whether disclosed in writing, visually, electronically or orally, except those specific parts or any portion thereof which : ( i ) at the time of disclosure, is generally available to the public ; ( ii ) after disclosure hereunder, beco mes generally available to the public, except through breach of this Agreement by the recipient ; ( iii ) the recipient can demonstrate by written records was in its possession prior to the time of such disclosure by the disclosing Party hereunder, and was no t acquired directly or indirectly from the disclosing Party or its Affiliate ; ( iv ) becomes available to the recipient from a third party that is not legally prohibited from disclosing such Confidential Information, provided such Confidential Information wa s not acquired directly or indirectly from the disclosing Party or its Affiliates ; ( v ) the recipient can demonstrate by written records was developed by or for the recipient independently of the disclosure of Confidential Information by the disclosing Part y or its Affiliates ; or ( vi ) is required to be disclosed by legal process ; provided, in each case the Party so disclosing Confidential Information timely informs the other Party and uses commercially reasonable efforts to limit the disclosure and maintain confidentiality to the extent possible and permits the other Patty to attempt by appropriate legal means to limit such disclosure