definiens: means any proprietary information specifically designated as confidential, which may include Progress Reports, Financial Statements, Financial Reports, or Sublicense agreements provided to M IT pursuant to this Agreement, 35 provided that Company shall only furnish Confidential Information to the TLO . Confidential Information shall be marked with a legend indicating its confidential status ( such as or ) . Confidential Information shall not include : ( i ) information which at the time of disclosure hereunder is already generally known or publicly available ; ( ii ) information which after disclosure hereunder becomes generally known or publicly available other than through any act or omission of [COMPANY] in vi olation of this Agreement ; ( iii ) information that was in possession of [COMPANY] without obligations of confidentiality to Company prior to disclosure to [COMPANY] under this Agreement ; and ( iv ) information which is hereafter lawfully disclosed by a third party to M IT, which information such third party did not acquire under a still effective obligation of confidentiality to Company ; or ( v ) information that was independently developed by [COMPANY] without use of, reference to or reliance upon Company ’s Confidential Inform ation as evidenced by written records