definiens: means information of a technical, commercial or other proprietary nature ( including, but not limited to specifications ), including the terms of this Agreement and all reports made by Licensee hereunder, that has been provided to one Party by the other Party in writing and marked Confidential, or if provided orally, reduced to writing and marked Confidential and provided to the other party within thirty ( 30 ) days of its first oral ; provided shall not include information that : ( a ) is or hereafter becomes generally available to the public other than by reason of any default with respect to confidentiality under this Agreement ; ( b ) is hereafter disclosed to a Party by a third party who is not in default of any confidentiality obligation to the other Party ( and such disclosure can be properly demonstrated by the receiving Party ) ; ( c ) was previously or is hereafter developed by or on behalf of the publishing party, without reliance on Confidential Information provided by the other Party ( and such can be properly demonstrated by the receiving Party ) ; or ( d ) is required to be disclosed in compliance with applicable laws or regulations, including U.S. securities regulations, or order by a court or other governmental or regulatory agency or body having competent jurisdiction, provided that reasonable measures shall be taken to assure confidential treatment of such information to the extent reasonably possible