definiens: shall mean any information, which if disclosed in tangible fonn 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 continned in writing as confidential or proprietary within forty - five ( 45 ) days after such disclosure . It is understood and agreed by the Parties that the Collaboration Know - How shall be the Confidential Information of both of the Parties, and neither Party shall disclose such Collaboration Know - How as confidential information to a Third Party without the written consent of the other Party ; provided, however, that ONO may disclose such Collaboration Know - How to its potential licensee for seeking business relationship . Notwithstanding the foregoing, the Confidential Infonnation shall not include any information that : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement ; ( d ) was independently developed by the recelvmg Party as demonstrated by documented evidence prepared contemporaneously with such independent development ; or -19 Confidential Treatment has been Requested of Marked Portions ( e ) was disclosed to the receIvmg 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