definiens: shall mean any scientific, technical, trade or business information which is disclosed verbally, in writing or other tangible form by one party to the other party and is identified as confidential at the time of disclosure . does not include information which ( a ) was known to the receiving party at the time it was disclosed, other than by previous disclosure by the disclosing party, as evidenced by written records at the time ofdisclosure : ( b ) at the time of disclosure or later becomes publicly known under circumstances involving no breach ofthis Agreement ; ( c ) is lawfully and in good faith made available to the receiving party by a third party who did not derive it from the disclosing party and who imposes no obligation of confidence on the receiving party ; ( d ) is developed by the receiving party independent ofany disclosure by the disclosing party, as evidenced by the receiving party 's written records ; or ( e ) is required by law or regulation to be disclosed