definiens: shall mean any and all proprietary or confidential infonnation of Licensor or Licensee, as applicable, which may be exchanged between the parties at any time and from time to time during the tenn of this Agreement . Infonnation to treated as shall be marked at the time of DOCSOC\963380v2\14202.000 1 disclosure . Infonnation that is disclosed orally or visually shall be identified as at the time of disclosure and its confidential status shall be confinned in writing within 20 days of disclosure . Infonnation shall not be considered confidential to the extent that it : a. Is publicly disclosed through no fault of any party hereto, either before or after it becomes known to the receiving party ; or b. Was known to the receiving party prior to the date of this Agreement as clearly established by the receiving party 's records, which knowledge was acquired independently and not from another party hereto ( or such party 's employees ) ; or c. Is subsequently disclosed to the receiving party in good faith by a third party who has a right to make such disclosure ; or d. Has been published by a third party as a matter of right and such pUblication does not violate any confidentiality obligation