definiens: means any information disclosedby one Party ( the ) to the other Party ( the ) pursuant to this Agreement which is(a ) in written, graphic, machine readable or other tangible form and is marked, or in someother manner to indicate its confidential nature, or ( b ) oral information disclosed by one Party to the other Partypursuant to this Agreement, provided that such information is designated as confidential at the time of disclosure andreduced to a written summary by the Disclosing Party, within [ * * * ] calendar days after its oral disclosure, which ismarked in a manner to indicate its confidential nature and delivered to the Receiving Party . Notwithstanding theforegoing, the Disclosing Party ’s failure to so mark any of its Confidential Information, whether disclosed in written, graphic, machine readable or other tangible form, or its failure to designate as confidential and reduce to writing anyConfidential Information disclosed orally, shall not relieve the Receiving Party of its obligations hereunder with respectto such Confidential Information if its confidential nature would be apparent to a reasonable person in thebiotechnology or biopharmaceutical industry, based on the subject matter of such Confidential Information or thecircumstances under which it is disclosed