definiens: means any scientific, technical, trade or businessinformation relating to the subject matter of this Agreement designated as confidential or which otherwise shouldreasonably be construed under the circumstances as being confidential disclosed by or on behalf of Yissum, or any ofits employees, consultants or researchers to Company, whether in oral, written, graphic or machine - readable form, except to the extent such information : ( i ) was known to Company at the time it was disclosed, other than by previousdisclosure by or on behalf of Yissum or any of its employees, consultants or researchers, as evidenced byCompany ’s written records at the time of disclosure ; ( ii ) is at the time of disclosure or later becomes publicly knownunder circumstances involving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available toCompany by a third party who is not subject to obligations of confidentiality to Yissum with respect to suchinformation ; ( iv ) is independently developed by Company without the use of or reference to Yissum ConfidentialInformation, as demonstrated by documentary evidence, or ( v ) is disclosed pursuant to a court or administrative order, provided however that Company will first notify Yissum of any such order and afford Yissum the opportunity to seek aprotective order relating to such disclosure