definiens: shall mean the terms and conditions of this Agreement, and all information developed by the parties pursuant to the Collaboration and all other disclosed by one party to the other in writing and clearly marked or, if communicated . orally, specified as confidential at the time of disclosure and confirmed in writing within thirty ( 30 ) days after such oral communication and clearly marked ; provided, however, that Confidential Information shall not include information that : 1.6.1 is already in the public domain, or on or after the Effective Date comes into the public domain other than as a result of the wrongful disclosure by either party to this Agreement ; 1.6.2 is already known to the recipient as evidenced by prior - dated written documents already in the recipient 's possession, which documents were not furnished by the other party to this Agreement ; 1.6.3 is disclosed to the other party by any third party having the right to make that disclosure ; 1.6.4 is required by law to be disclosed in connection with the registration or filing with, or approval or certification from any governmental agency or body including, without limitation, the United States Food and Drug Administration, provided that the information is not the inventive subject matter of an unpublished patent application, or is required to be disclosed to comply with the terms of contractual relationships and provided that each party undertakes to use its best endeavors to maintain to the maximum extent possible and to make any third parties to whom such information is disclosed aware of the confidentiality of such information ; or 1.6.5 can be proven to have been independently developed by the party receiving the information under this Agreement without the aid, application or use in any way of Confidential Information received from the disclosing party