definiens: shall mean any information disclosed in wri ting by a party to this Agreement to any of the other parties to this Agreement, and marked by the disclosing pa rty with the legend or other similar legend s ufficient to identify such information as confident ial proprietary information of the disclosing party . Ne ither party shall use any Confidential Information of the other party except as expressly authorized under this Agr eement, and each party will use best efforts to pre vent the disclosure of the other party ’s Confidential Inform ation to third parties ; provided that Licensee may disclose Confidential Information of LBL and The Regents, wi th similar protections in place, to the extent reas onably necessary to exploit the rights and license granted to Licensee hereunder ( including the rights to gra nt and authorize sublicenses ) ; and provided further that t he recipient party ’s obligations under this Article XI shall not apply to Confidential Information that : ( a ) is disclosed orally ; provided, however, that th e recipient party ’s obligations under this Article XI shall apply to information disclosed orally if such information is confirmed in writing as by the disclosing party within thirty ( 30 ) days after disclosure thereof ; -13- ( b ) is in the recipient party ’s possession at the t ime of disclosure thereof ; ( c ) is or later becomes part of the public domain t hrough no fault of the recipient party ; ( d ) is received from a third party having no obliga tions of confidentiality to the disclosing party ; ( e ) is developed independently by the recipient par ty without reliance upon or use of the disclosing party ’s Confidential Information ; or ( f ) is required by law or regulation to be disclose d ; provided, however, that the party subject to suc h disclosure requirement has provided written notice to the other party promptly to enable such other pa rty to seek a protective order or otherwise prevent disclosure of such Confidential Information