definiens: shall mean any information relating to MSD or RTI or their business which is, ( 1 ) disclosed to, the other ( or to the other 's Mfiliates ) during the negotiation of and performance of this Agreement and ( 2 ) is marked if provided in writing, or if delivered verbally, is reduced to writing within thirty ( 30 ) days and marked shall also include the terms and conditions of this Agreement and all Intellectual Property Rights relating to Specialty Allografts and Bone Paste . shall not include any information which ( i ) becomes public knowledge without breach by the other of this Agreement ; ( ii ) is obtained by · the other ( or the 45247586 2.DOC -18 - Page 18 of 28 CONFIDENTIAL TREATMENT * Confidential Portions are Bold and Double Underline * other ' s Affiliates ) from a person or business entity under circumstances permitting its disclosure to others~ ( iii ) may be demonstrated to have been known at the time of receipt thereof as evidenced by tangible records~ or ( iv ) is required to be disclosed as a result of a judicial order or decree or governmental law or regulation . If a Party makes a disclosure of Confidential Information which is permitted by the terms of this Agreement, such Party shall give prior notice ----------to - the - oih - e - rParty;c - ooperare - witlllne otl1er Parry ill efforts - to prevenTor restnct sucliOlsclosure ------------and be responsible for ensuring that the ' person to whom it is disclosed maintains the confidentiality of such Confidential Information in accordance with the terms of this Agreement