definiens: means information disclosed by or on behalf of a Party or its Affiliate to the other Party or its Affiliate, whet her disclosed before, on or after the Effective Dat e, that ( i ) if disclosed in electronic, written, or other tangible form or medium, is marked or ( ii ) if disclosed orally or in other intangible form, is identified as confidential or proprietary when dis closed and summarized in a writing that is marked or and delivered by the Disclosing Party to the Receiving Party within thirty ( 30 ) days after i nitial disclosure ; or ( iii ) regardless of the form in which it is disclosed and whether or not marked or designated a s such, due to the nature of its subject matter or the circumstances surrounding its disclosure, should re asonably be understood by the Receiving Party to be confidential or proprietary . Notwithstanding anythi ng to the contrary, Confidential Information shall not include information that the Receiving Party can establish by competent evidence : 1.17.1was already known to the Receiving Party from a source other than the Disclosing Party at the time of its disclosure to the Receivin g Party ; 1.17.2was generally available to the public or othe rwise part of the public domain at the time of its disclosure to the Receiving Party ; 1.17.3became generally available to the public or o therwise part of the public domain after its disclosure and other than through any act or om ission of the Receiving Party in breach of this Agr eement ; 1.17.4was disclosed to the Receiving Party, other t han under an obligation of confidentiality, by a Third Party who did not obtai n the information directly or indirectly from the D isclosing Party or who had no obligation to the Disclosing Pa rty not to disclose such information to others ; or 1.17.5was independently developed by the Receiving Party without use of and without reference to Confidential Information obtained from the Disclosing Party