definiens: shall mean all information disclosed by one party to the other party under thisAgreement that has been reduced to writing and marked or, if disclosed orally, has been reduced towriting and marked within [ * * ] of oral disclosure except that the following information shall not be : ( i)information that is shown to have been known to or developed by the recipient prior to the disclosureby the disclosing party ; or ( ii)information that at the time of disclosure or has become thereafter publicly known through no fault oromission attributable to the recipient ; or ( iii)information that is rightfully given to the recipient from sources independent of the disclosing party : or ( iv)information that is independently developed by the receiving party without use of or reference to theConfidential Information of the other party ; or ( v)information that is required to be disclosed by law in the opinion of recipient ’s attorney, but only afterthe disclosing party is given prompt written notice and an opportunity to seek a protective order