definiens: shall mean allY information disclosed by one party to the other party hereto which if disclosed in tangible form is marked or Wilh other similar designation to indicate its confidential or proprietary nature or if disclosed orally is indicated orally to be confidential or proprietary by the party disclosing such information at the time of such disclosure and is confirmed in writing a~ confidential or proprietary by the disclosing party within forty - five ( 45 ) days after such disclosure . Notwithstanding the foregoing or anything herein to the contrary . Confidential Information shall not include any information that . in each case as demonstrated by written documentation : ( i ) was already known to the receiving party . other than under an obligation of contidentiality . at the time of disclosure ; ( ii ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving party ; ( iii ) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving party in breach of this Agreement ; or ( iv ) was subsequently lawfully disclosed to the receiving parly by a person other than the disclosing party