definiens: shall mean any information disclosed in writing by a party to either this LICENSE AGREEMENT or the RESEARCH AGREEMENT to any of the other parties to either this LICENSE AGREEMENT or the RESEARCH AGREEMENT, and marked by the disclosing party with the legend or other similar legend sufficient to identify such information as confidential prop+ietary information of the disclosing party . Each party will use best efforts to prevent the disclosure of the other party 's CONFIDENTIAL INFORMATION to third parties ; provided that LICENSEE may disclose BOARD 's CONFIDENTIAL INFORMATION to the extent reasonably necessary to exploit the rights and license granted to LICENSEE hereunder or pursuant to the RESEARCH AGREEMENT ; and provided further that the recipient party 's obligations under this Article XII shall not apply to CONFIDENTIAL INFORMATION that : -17 - CONflDtNTIAL ( a ) is disclosed orally ; provided, however, that the recipient party 's obligations under this Article XII shall apply to information disclosed orally if such information is reduced to writing and marked with the legend by the disclosing party within thi ~ ty ( 30 ) days after dis­closure thereof ; ( b ) is in the recipient party 's possession at the time of disclosure thereof as demonstrated by documentary evidence ; ( c ) is or later becomes part of the public domain through no fault of the recipient party ; ( d ) is received from a third party having no obligations of confidentiality to the disclosing party ; ( e ) is developed independently by the recipient party without access to the disclosing party 's CONFIDENTIAL INFOR­MATION ; or ( f ) is required by law or regulation to be disclosed ; provided, however, that the party subject to such disclosure requirement has provided written notice to the other party promptly to enable such other party to seek a protective order or otherwise prevent disclosure of such CONFIDENTIAL INFORMATION