definiens: means any scientific, technical, trade or business information relating to the subjectmatter of this Agreement designated as confidential or which otherwise should reasonably be construed under thecircumstances as being confidential disclosed by or on behalf of Yissum, or any of its employees, consultants orresearchers to Company, whether in oral, written, graphic or machine - readable form, except to the extent suchinformation : ( i ) was known to Company at the time it was disclosed, other than by previous disclosure by or on behalf ofYissum or any of its employees, consultants or researchers, as evidenced by Company ’s written records at the time ofdisclosure ; ( ii ) is at the time of disclosure or later becomes publicly known under circumstances involving no breach ofthis Agreement ; ( iii ) is lawfully and in good faith made available to Company by a third party who is not subject toobligations of confidentiality to Yissum with respect to such information ; ( iv ) is independently developed by Companywithout the use of or reference to Yissum Confidential Information, as demonstrated by documentary evidence, or ( v ) isdisclosed pursuant to a court or administrative order, provided however that Company will first notify Yissum of any suchorder and afford Yissum the opportunity to seek a protective order relating to such disclosure