definiens: means any information, data, or know - how which the disclosing party treats confidentially, is in writing and is identified as confidential, or if disclosed orally is indicated to be confidential at the time of disclosure and is confirmed in writing as confidential by the disclosing party within forty - five ( 45 ) days after initial disclosure . VlVUS and [COMPANY] shall not ( and shall ensure that its Subdistributors do not ) use or reveal or disclose to Third Parties any Confidential Information received from the other party without first obtaining the written consent of the disclosing party, except as may be otherwise provided herein, or as may be required for purposes of marketing Product or for securing essential or desirable authorizations, privileges or rights from governmental agencies . This confidentiality obligation shall not apply to such information which ( i ) is or becomes a matter of public knowledge through no fault of the receiving party or its Affiliates or Subdistributors, or ( ii ) is already in the possession of the receiving party, or ( iii ) is 1BE::ODMAIPCDOCS\SQL2\277388\9 01117197 -20 - disclosed to the receiving party by a Third Party having the legal right to do so, or ( iv ) is subsequently and independently developed by employees of the receiving party or Affiliates thereof who had no knowledge of the Confidential Information disclosed, or ( v ) is required by law to be disclosed . The panies . shall take reasonable measures to assure that no unauthorized use or disclosure is made by others to whom access to Confidential Information of the other party is granted