definiens: means all written information and data provided b y the parties to each other hereunder and identified as being an d provided to the recipient, except that the term shall not apply to any information or any portion thereof which : ( i ) was known to the recipient or any of i ts Affiliates, as evidenced by its written records, before receipt thereof under this Agreement, ( ii ) is disclosed to the recipient or any o f its Affiliates, without restriction, after accept ance of this Agreement by a third person who has the right to ma ke such disclosure, ( iii ) is or becomes part of the public domai n through no breach of this Agreement, ( iv ) the recipient can demonstrate is indepe ndently developed by or for the recipient or any of its Affiliates without use of or reliance on the inform ation disclosed under this Agreement, or ( v ) is disclosed pursuant to the requiremen t or request of a governmental agency or Third Part y to the extent such disclosure is required by operation of law, regulation or court order and prompt notic e is given by the recipient of such notice to the disclosing part y before making such disclosure