definiens: means any scientific, technical, trade orbusiness information relating to the subject matter of this Agreement designated as confidential or which otherwiseshould reasonably be construed under the circumstances as being confidential disclosed by or on behalf of BioLinewhether in oral, written, graphic or machine - readable form, except to the extent such information : ( i ) was known to BGNat the time it was disclosed, other than by previous disclosure by or on behalf of BioLine as evidenced by BGN 's writtenrecords at the time of disclosure ; ( ii ) is at the time of disclosure or later becomes publicly known under circumstancesinvolving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available to BGN by a third party who is notsubject to obligations of confidentiality to BioLine with respect to such information ; ( iv ) is independently developed byBGN without the use of or reference to the BioLine Confidential Information, as demonstrated by documentary evidence;or ( v ) is disclosed pursuant to a court or administrative order, provided however that BGN will first notify BioLine of anysuch order and afford BioLine the opportunity to seek a protective order relating to such disclosure