definiens: means with respect to a Party all trade secrets, processes, formulae, data, know - how, improvements, inventions, chemical materials, assays, techniques, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by suchParty, or has otherwise become known to such Party, or to which rights have been assigned or licensedto such Party, as well as any other information and materials that are deemed confidential or proprietaryto or by such Party ( including all information and materials of such Party 's customers and any other ThirdParty and their consultants ), in each case that are disclosed by such Party to the receiving Party, whether orally, visually, in writing or by way of any other media, whether before or after the Effective Dateof this Agreement, that if disclosed in tangible form is marked " confidential, '' or if disclosure is not intangible form, the disclosing Party has notified the receiving Party at the time of disclosure that suchdisclosure is confidential and summarized such disclosure in writing, marking the summary and submitting it to the receiving Party ( or, if applicable, to such of the receiving Party 's Affiliates orsublicensees to whom disclosure has been made ) within thirty ( 30 ) days of the disclosure . ConfidentialInformation shall not include any such information, data or materials to the extent that the receiving Partycan demonstrate that such information, ( a ) as of the date of disclosure is known to the receiving Party orits Affiliates other than by virtue of a prior confidential disclosure to the receiving Party or its Affiliates ; ( b)as of the date of disclosure is, or subsequently becomes, publicly known, through no fault or omission ofthe receiving Party or its Affiliates ; ( c ) is obtained from a Third Party having a lawful right to make suchdisclosure free from any obligation of confidentiality to the disclosing Party ; or ( d ) is independentlydeveloped by or for the receiving Party or its Affiliates without reference to or reliance upon anyConfidential Information of the disclosing Party