definiens: means any confidential information relating to any composition of matter, analytical methods, product specifications, research project, work in process, future development, scientific, engineering, manufacturing, marketing, business plan, financial or personnel matter relating to any party, its present or future products, sales, suppliers, customers, employees, investors or business, whether in oral, written, graphic or electronic form and marked as ( Confidential information provided in oral form must be reduced to writing and labeled as ) ConfidentialInformation will not include any information which the receiving party can prove by competent evidence:(A ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known oravailable to the public;(B ) is known by the receiving party at the time of receiving such information;(C ) is hereafter furnished to the receiving party by a third party having no obligation of confidentiality;(D ) is independently developed by the receiving party without the aid, application or use of Confidential Information ofthe other party ; or(E ) is the subject of a written permission to disclose provided by the disclosing party