definiens: means any and all in formation of a party ( the ), or such information of such party ’s Affiliates or o f third parties provided on behalf of such party to the other party ( ), that is disclosed in tan gible form marked as upon disclosur e or, if disclosed in oral or other intangible form, is iden tified as confidential at the time of disclosure an d summarized in a writing that is marked as and p rovided to the Receiving Party within [ * ] of the in tangible disclosure, provided however that failure to so mar k, identify, or summarize shall not alter the statu s of such information as Confidential Information if a reason able person would, based on the content and/or cont ext of the disclosure, recognize such disclosure was intended as confidential . Notwithstanding the foregoing, Con fidential Information shall not include information that the Receiving Party can demonstrate by written and/or e lectronic records : ( i ) is available to the public at the time of disclosure hereunder or, after disclosure, beco mes a part of the public domain by publication or otherwise, through no breach by the Receiving Party ; ( ii ) is already p roperly possessed by the Receiving Party prior to receipt f rom the Disclosing Party ; ( iii ) was received by the Receiving Party without obligation of confidentiality or limi tation on use from a Third party who had the lawful right to disclose such information ; or ( iv ) was independentl y developed by or for the Receiving Party by any pe rson or persons who had no knowledge or benefit of the Disc losing Party ’s Confidential Information, where the written or electronic records demonstrating such exception were created contemporaneously with such independen t development