definiens: means all confidential or other proprietary information of a Party, whether written, oral orotherwise, including confidential or proprietary Know - How or other information, whether or not patentable, regarding aParty ’s technology, products, business information or objectives, in each case that is clearly designated or marked asconfidential, or which under the circumstances surrounding disclosure or given the nature of the information wouldreasonably be believed to be confidential . Confidential Information shall not be deemed to include information that thereceiving Party can demonstrate by written documentation : ( i ) is now, or hereafter becomes, through no act or failure to act onthe part of the receiving Party, in the public domain or generally publicly available ; ( ii ) is rightfully known by the receivingParty or its * * * INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WASREQUESTED . ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES ANDEXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933,AS AMENDED