definiens: shall mean, except as otherwise expressly set for th below, any information ( whether in written, oral, visual, graphic, electro nic or other form ) disclosed or provided by or on b ehalf of one Party ( the ) to the other Party ( the ) under this Agreement . The Disclosing Party shall use commercially reasonable efforts to mark as any such informat ion disclosed or provided in written or recorded form a nd, in the case of orally disclosed information, sh all use commercially reasonable efforts to identify such in formation as confidential at the time of oral discl osure and to confirm the confidential nature of such info rmation in writing within thirty ( 30 ) days after or al disclosure . Notwithstanding the foregoing, informat ion which is not marked at the time it is delivered to the Receiving Party, or which is not i dentified as confidential when disclosed orally and confirmed in writing within thirty ( 30 ) days will b e deemed to be Confidential Information if the confidential nature of such information would be ap parent to, or generally understood by, a reasonable person in the biotechnological industry based on th e subject matter thereof, the circumstances under w hich it was disclosed, or otherwise