definiens: shall mean all information disclosed hereunder in writing and identified as being confidential or, if disclosed orally, visu ally or through some other media, is identified as confidential at the time of disclosure and is summarized in writing within thirty ( 30 ) days of such disclosure and ide ntified as being confidential, except any portion thereof whic h : ( a ) is lawfully known to the recipient at the time of the disclosure, as evidenced by its written records or other competent evidence ; [COMPANY] – Oxygen Biotherapeutics Agreement Page 2 of 41 ( b ) is disclosed to the recipient by a third person lawfully in possession of such information and not under an obligation of nondisclosure ; ( c ) is or becomes patented, published or otherwise part of the public domain through no fault of the recipient ; ( d ) is developed by or for the recipient independen tly of Confidential Information disclosed hereunder as evidenced by the recipient ’s written r ecords or other competent evidence ; or ( e ) is required by law to be disclosed by the recip ient, provided that the recipient gives the other party hereto prompt notice of such legal requiremen t such that such other party shall have the opportu nity to apply for confidential treatment of such Confidenti al Information