definiens: means information received by one Party ( Receiving Party ) from the other Party ( Disclosing Party ) ( 1 ) that the Receiving Party has a reasonable basis to believe is confidential to the Disclosing Party, or is treated by the disclosing Party as confidential, ( 2 ) is identified at the time of disclosure as and, ( 3 ) in the case of disclosures in non - written form, is identified in writing within thirty ( 30 ) days as confidential . Notwithstanding the above, Confidential Information will not include any information which : ( 1 ) can be demonstrated to have been in the public domain as of the Effective Date or comes into the public domain during the term of this Agreementthrough no act of the recipient ; or ( 2 ) can be demonstrated to have been independently ktlown to the recipient prior to the receipt thereot : or made available to the recipient as a matter of lawful right by a third party ; or V5 Epoch License and Supply Agmt 636626.1\ 17638.0000 4, ~. '