definiens: under this Agreement means information disclosed by a Party that, if disclosed in tangible form is marked or with other simila r designation to indicate its confidential or proprietary nature, or, if disclosed orally, is indicated orally at th e time of such first disclosure to be confidential or proprietary by the Party disclosing such information and is confirmed as being confidential or proprietary by the disclosing Party in a writing delivered to the receiving Party with in a reasonable time after such disclosure . Notwithstand ing the foregoing, Confidential Information shall n ot include information that, in each case as demonstrated by w ritten documentation : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at th e time of disclosure or, as shown by written document ation, was developed by the receiving Party indepen dent of the Confidential Information of the disclosing Part y ; ( b ) was generally available to the public or otherw ise part of the public domain at the time of its disclosure to the receiving Party ; 16 CONFIDENTIAL TREATMENT REQUEST – EDITED COPY * * * C ONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN PORTIONS OF THIS EXHIBIT