definiens: shall mean any proprieta ry or confidential information or material disclosed by a Party to the other Party pursuant to the Prior Agreement or this Agreement which is ( a ) disclosed in tangible form and is designated thereon as at the time it is delivered to the receiv ing Party, or ( b ) disclosed orally and identified as confidential or proprietary when disclosed and such disclosure of confidential information is confirmed in writing wi thin thirty ( 30 ) days by the disclosing Party . Notw ithstanding the foregoing, Confidential Information shall not i nclude information which the receiving Party can es tablish by written documentation ( i ) to have been publicly kno wn prior to disclosure of such information by the d isclosing Party to the receiving Party, ( ii ) to have become p ublicly known, without fault on the part of the rec eiving Party, subsequent to disclosure of such information by the disclosing Party to the receiving Party, ( iii ) to have been received by the receiving Party at any time from a source, other than the disclosing Party, rightfully having possession of and the right to disclose such inform ation, other than under an obligation of [ * * * ] = Confidential Information has been omitted and filed separately with the Securities and Exchange Commission