definiens: shall mean any and all information, data or know - how ( including Know - How),whether technical or non - technical, oral or written, that is disclosed by one Party or its Affiliates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, dataor know - how that : ( i)was generally available to the public at the time of disclosure, or information that becomes available to thepublic after disclosure by the Disclosing Party other than through fault ( whether by action or inaction ) ofthe Receiving Party or its Affiliates, ( ii)can be evidenced by written records to have been already known to the Receiving Party or its Affiliatesprior to its receipt from the Disclosing Party, ( iii)is obtained at any time lawfully from a Third Party under circumstances permitting its use or disclosure, ( iv)is developed independently by the Receiving Party or its Affiliates as evidenced by written records otherthan through knowledge of Confidential Information, ( v)is required to be disclosed by the Receiving Party of its Affiliates to comply with a court or administrativeorder providing the Receiving Party or its Affiliates furnishes prompt notice ( in no event less than three(3 ) days ) to the Disclosing Party to enable it to resist such disclosure, or ( vi)is approved in writing by the Disclosing Party for release by the Receiving Party