definiens: shall mean, with respect to a party, allinformation of any kind whatsoever, and all tangible and intangible embodiments thereof of anykind whatsoever, which is disclosed by such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified in writing asconfidential at the time of disclosure to the receiving party or ( if otherwise disclosed or if not somarked or identified in writing ) is identified as confidential at the time of disclosure to thereceiving party and is summarized and identified as confidential in writing or by electronicmeans within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, ConfidentialInformation of a party shall not include information which, and only to the extent, the rcceivingparty can establish by written documentation or electronic records ( a ) has been publicly knownprior to disclosure of such information by the disclosing party to the receiving party ; ( b ) hasbecome publicly known without fault on the part of the receiving party, subsequent to disclosureof such information by the disclosing party to the receiving party ; ( c ) has been received by thereceiving party at any time from a source, other than the disclosing party, rightfully havingpossession of and the right to disclose such information free of confidentiality obligations;(d ) has been otherwise known by the receiving party free of confidentiality obligations prior todisclosure of such information by the disclosing party to the receiving party ; or ( e ) has beenindependently developed ( as demonstrated by contemporaneous written or electronic evidencemaintained in the ordinary course of business of the receiving party ) by employees or agents ofthe receiving party without access to or use of such information disclosed by the disclosing partyto the receiving party