definiens: shall mean ( a ) the existence and terms of this Agreement and all informationconcerning the unit number and fees for Products and Inventory / SpecialInventory and ( b ) any other information that is marked or the likeor, if delivered verbally, confirmed in writing to be within 30 daysof the initial disclosure . Confidential Information does not include informationthat ( i ) the receiving party can prove it already knew at the time of receipt fromthe disclosing party ; or ( ii ) has come into the public domain without breach ofconfidence by the receiving party ; ( iii ) was received from a third party withoutrestrictions on its use ; ( iv ) the receiving party can prove it independentlydeveloped without use of or reference to the disclosing party ’s data orinformation ; or ( v ) the disclosing party agrees in writing is free of suchrestrictions