definiens: shall mean any and all knowledge, know - how, information, and/or techniques disclosed by the one party ( referred to in this capacity as the Recipient'J relating to the Project, including, without limiting the generality of the foregoing, all research, data, specifications, plans, drawings, prototypes, models, documents, records, instructions, manuals, papers, or other materials of any nature whatsoever, whether written or otherwise, relating to same . In order to constitute for the purposes of this Agreement, the Provider must clearly identify it in writing as being confidential, or if the disclosure takes place orally or in some other non - tangible form, the Provider must summarize it in writing and identify it as being confidential within 30 days of making the disclosure . Furthermore, such disclosures shall not be considered for the purposes of this Agreement if and when it : ( i ) is made subject to an order by judicial or administrative process requiring the Recipient to disclose any or all of the Confidential Information disclosed to it by the Provider, provided however that the Recipient shall promptly notify the Provider and allow the Provider reasonable time to oppose such process before disclosing any of the Confidential Information disclosed to it by the Provider ; ( ii ) is published or becomes available to the general public other than through a breach of this Agreement ; ( iii ) is obtained by the Recipient from a third party with a valid right to disclose it, provided that said third party is not under a confidentiality obligation to the Discloser ; ( iv ) is independently developed by employees, agents or consultants of the Recipient who had no knowledge of or access to the Confidential Information disclosed to it by another party to this Agreement as evidenced by the Recipient 's business records ; or ( v ) was possessed by the Recipient prior to receipt from the Provider, other than through prior disclosure by the Provider, as evidenced by the Recipient 's business records