definiens: means all information disclosed hereunder in writing and identified as beingconfidential or, if disclosed orally, visually or through some other media, is identified as confidential at the time of disclosure, except any portion thereof which:(a ) is known to the recipient at the time of the disclosure independently of any prior disclosure by the disclosingparty, as evidenced by its written records or other competent evidence;(b ) is disclosed to the recipient by a Third Party lawfully in possession of such information and not under anobligation of non - disclosure and non - use with respect thereto;(c ) is or becomes patented, published or otherwise part of the public domain through no fault of the recipient ; Page 3(d ) is developed by or for the recipient independently and without benefit of Confidential Information disclosed toit hereunder by the other party as evidenced by the recipient ’s written records or other competent evidence ; or(e ) is required by applicable law, rule, or regulation to be disclosed by the recipient ; provided, however, that, if suchdisclosure is not explicitly permitted by Article 11, the recipient ( i ) gives the other party hereto prompt written notice of suchlegal requirement, such that such other party shall, to the extent reasonably practicable, have the opportunity to apply for orobtain confidential or protective treatment of such Confidential Information, ( ii ) cooperates with the disclosing party, asreasonably requested thereby, in seeking such confidential or protective treatment, and ( iii ) minimizes the extent of any suchdisclosure