definiens: means any contidential or proprietary infonnation of a Party, whether in oral, written, graphic or electronic form, marked as confidential ( or, if delivered orally, continned in writing within thirty ( 30 ) days of the date of disclosure ) . Confidential Infonnation shall not include any infonnation which the receiving Party can prove by competent evidence : 4 FOIA CONFIDENTIAL TREATMENT REQUESTED Acus - oso ( a ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available ; ( b ) is known by the receiving Party at the time of receiving such information, as evidenced by its written records maintained in the ordinary course of business ; ( c ) is hereafter furnished to the receiving Party by a Third Party, as a matter of right and without restriction on disclosure ; ( d ) is independently developed by the receiving Party, as evidenced by its written records, without knowledge of, and without the aid, application or use of, the disclosing Party 's Confidential Information ; or ( e ) is the subject of a written permission to disclose provided by the disclosing Party