definiens: means any scientific, technical, trade or business information relating to the subject mailer of thisAgreement designated as confidential or which otherwise should reasonably be construed under the circumstances asbeing confidential disclosed by or on behalf of Company whether in oral, written, graphic or machine - readable form, except to the extent such information : ( i ) was known to Yissum at the time it was disclosed, other than by previousdisclosure by or on behalf of Company as evidenced by Yissum ’s written records at the time of disclosure ; ( ii ) is at thetime of disclosure or later becomes publicly known under circumstances involving no breach of this Agreement ; ( iii ) islawfully and in good faith made available to Yissum by a third party who is not subject to obligations of confidentiality toCompany with respect to such information ; ( iv ) is independently developed by Yissum without the use of or reference tothe Company Confidential Information, as demonstrated by documentary evidence ; or ( v ) is disclosed pursuant to a courtor administrative order, provided however that Yissum will first notify Company of any such order and afford Companythe opportunity to seek a protective order relating to such disclosure