definiens: shall mean all information disclosed hereunder in w riting and identified as being confidential or, if disclosed orally, visuall y or through some other media, is identified as con fidential at the time of disclosure and is summarized in writing wit hin [ Redacted : Term ] of such disclosure and identified as being confidential, except any portion thereof whic h : ( a ) is known to the recipient at the time of the disclosure, as evidenced by its written rec ords or other competent evidence ; ( b ) is disclosed to the recipient by a th ird person lawfully in possession of such informati on and not under an obligation of nondisclosure ; ( c ) is or becomes patented, published or otherwise part of the public domain through no faul t of the recipient ; ( d ) is developed by or for the recipient independently of Confidential Information disclosed hereunder as evidenced by the recipient ’s written records or oth er competent evidence ; or ( e ) is required by law to be disclosed by the recipient, provided that the recipient gives t he other party hereto prompt notice of such legal requirement such that such other party shall have the opportunity t o apply for confidential treatment of such Confidential Informa tion