definiens: shall mean ( a ) any proprietary or confidential information or material in tangible form disclosed in accordance with this Agreement that is marked as or the like at the time it is delivered to the receiving party, ( b ) proprietary or confidential information disclosed orally hereunder which is identified as confidential or proprietary when disclosed and such disclosure of confidential information is confirmed in writing within thirty ( 30 ) days by the disclosing party, or ( c ) Trade Secrets of Licensor regardless of whether or not so marked or identified . For purposes of this Agreement, shall not include information that can be established by the receiving party by competent proof that such information : ( i ) was already known to the receiving party, other than under an obligation of confidentiality, at the time of disclosure ; ( ii ) was generally ' available to the public or othervvise part of the public domain at the time of its disclosure to the receiving party ; ( iii ) became generally available to the public or othervvise 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 ; ( iv ) was subsequently lawfully disclosed to the receiving party by a person other than a party hereto ; or ( v ) was lawfully developed independently by the receiving party without misappropriating confidential information from a third party