definiens: shall mean any and all information ( i ) regarding the terms of this Agreement or ( ii ) disclosed to or obtained by a Party pursuant to or in connection with the negotiation, execution, delivery and performance of this Agreement or the consummation of the transactions contemplated hereby . This Article 11 shall not apply to any Confidential Information ( 1 ) to the extent that the Confidential Information is or becomes publicly available or generally known other than by breach of the provisions of this Agreement or is lawfully disclosed by a Third Party which Third Party is not in breach of an obligation of confidentiality or otherwise prohibited from disclosing such Confidential Information ; ( 2 ) to the extent disclosure is necessary to comply with the requirements of the United States ~ecurities and Exchange Commission, the New York Stock Exchange, London Stock Exchange Limited, or any other Governmental Authority, in which event the Party making such disclosure shall notify the other Party as promptly as practicable ( and, if possible, prior to making such disclosure ), shall consult with the other Party so as to minimize the necessity of disclosure and shall seek confidential treatment of such information by the relevant Governmental Authority, including without limitation the United States Securities and Exchange Commission, the New York Stock Exchange or the London Stock Exchange Limited, and, if disclosure is necessary, shall limit such disclosure to the scope and persons demanded by the applicable Governmental Authority ; ( 3 ) disclosed by [COMPANY] to a manufacturer to the extent of, and pursuant to, an effective confidentiality agreement with such manufacturer which agreement contains confidentiality provisions substantially similar to those contained herein and provides that [COMPANY] and its Affiliates are third party beneficiaries of such agreement ; ( 4 ) disclosed by [COMPANY] to a Third Party subcontractor to the extent of, and pursuant to, an effective confidentiality agreement with such Third Party subcontractor which agreement contains confidentiality provisions substantially similar to those contained herein ; or ( 5 ) disclosure of which is reasonably necessary in connection with ( and strictly limited to ) enforcement of such Party 's rights hereunder . The provisions of this Article 11 shall survive the expiration or termination of this Agreement for a period of five years from the date of such expiration or termination of this Agreement