definiens: ) . For purposes of this ART ICLE 10, shall mean any information, which if disclosed in tangible form is marked or with other similar design ation to indicate its confidential or proprietary nature, or, if disclosed orally, is indicated orally to be co nfidential or proprietary at the time of such disclosure and is c onfirmed in writing as Confidential Information wit hin forty - five ( 45 ) days after such disclosure . Notwithstandi ng the foregoing, Confidential Information shall no t include any information that can be established by the rece iving Party by competent proof that such informatio n : 10.1.1 was already known to the receiving Party, ot her than under an obligation of confidentiality, at the time of disclosure ; 10.1.2 was generally available to the public or oth erwise part of the public domain at the time of its disclosure to the receiving Party ; 10.1.3 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 ; 10.1.4 was independently developed by the receiving Party as demonstrated by documented evidence prepared contemporaneously with such indep endent development ; or 10.1.5 was disclosed to the receiving Party, other 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