definiens: means proprietary or confidential information relating to the Company ’s scientific, technical, trade or business informatio n relating to the subject matter of this Agreement ( including, wi thout limitation, the technical attributes of Compa ny Device which are not known to the public ( ) ) disclosed by or on behalf of the Com pany to members of the University Team in connection wit h the Services . Both Parties agree that in order fo r written information to be Confidential Information, it must be delivered in written form clearly marked as All information, other than Company Device Informat ion, disclosed in oral or some other non - written fo rm must be declared at the time of delivery to be confident ial and must be confirmed and summarized in writing and clearly marked as within thirty ( 30 ) days of disclosure to be Company Confidential Information, provided, however, information that unintentionally or inadvertently l acks such a legend, or that is disclosed orally or visually which is not subsequently documented, but, by its nature, is reasonably understood to be Comp any Confidential Information shall be treated as such b y University . Notwithstanding the foregoing, inform ation disclosed by Company to the University Team as set forth above shall not be deemed Company Confidentia l Information to the extent such information : ( i ) was known to any member of the University Team at the time it was disclosed, as evidenced by written records at t he time of disclosure ; ( ii ) is at the time of discl osure or later becomes publicly known under circumstances involvin g no breach of this Agreement ; ( iii ) is lawfully an d in good faith made available to a member of the University Team by a third party who is not subject to obligat ions of confidentiality to the Company with respect to such information ; ( iv ) is independently developed by a member of the University Team without the use of or reference to Company Confidential Information, as demonstrat ed by documentary evidence ; or ( v ) is required to be disc losed pursuant to a legal order or mandate . Univers ity agrees to keep confidential all Company Device Results unt il such results are published in accordance with Se ction 9