definiens: shall mean any Informatio n, samples or other materials, which if disclosed in tangible form is marked or with other similar designation to indicate its confidential or proprietary nature, or, if disclosed orally, is indicated orally to be confidential or proprietary at the time of such disclosure and is c onfirmed in writing as confidential or proprietary within forty - five ( 45 ) days after such disclosure . Notwithstanding the for egoing, Confidential Information shall not include any info rmation that can be established by the receiving Pa rty by competent proof : 11.1.1 was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure ; 11.1.2 was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; 11.1.3 became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omissi on of the receiving Party in breach of this Agreeme nt ; 11.1.4 was independently developed by the receiv ing Party as demonstrated by documented evidence prepared contemporaneously with such independent de velopment ; or 11.1.5 was disclosed to the receiving Party, oth er than under an obligation of confidentiality, by a Third Party who had no obligation to the disclosing Party not to disclose such information to others