definiens: shall mean any and all proprietary information of Scripps or Optionee which may be exchanged between the parties at any time and from time to time during the term hereof . The fact that a party may have marked or identified as confidential or proprietary any specific information shall be indicative that such party believes such information to be confidential or proprietary, but the failure to so mark information shall not conclusively determine that such information 935242.1 was or was not considered confidential information by such party . Information shall not be considered confidential to the extent that it : a. Is publicly disclosed through no fault of any party hereto, either before or after it becomes known to the receiving party ; or b. Was known to the receiving party prior to the date of this Agreement, which knowledge was acquired independently and not from the other party hereto ( including such party 's employees ) ; or c. Is subsequently disclosed to the receiving party in good faith by a third party who has a right to make such disclosure ; or d. Has been published by a third party as a matter of right