definiens: shall mean all infor mation and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing or other tangible mediu m is marked or identified as confidential at the time of disclo sure to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be deemed to be confidential . [COMPANY] ’ Confidential I nformation includes, without limitation, embodiments of the Li censed Know - How Rights . Surface ’s Confidential info rmation includes, without limitation, the Assets . Notwithst anding the foregoing, Confidential Information of a party shall not include that portion of such information and da ta which, and only to the extent, the recipient can establish by written documentation : ( i ) is known to the recipien t as evidenced by its written records before receip t thereof from the disclosing party, ( ii ) is disclosed to the reci pient free of confidentiality obligations by a thir d person who has the right to make such disclosure, ( iii ) is or beco mes part of the public domain through no fault of t he recipient, or ( iv ) the recipient can reasonably establish is inde pendently developed by persons on behalf of recipie nt without access to or use of the information disclosed by th e disclosing party