definiens: shall mean with respect to a Party all trade secrets, processes, formulae, data, know - how, improvements, inventions, chemical materials, assays, techniques, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by such Party, or has otherwise become known to such Party, or to which rights have been assigned or licensed to such Party, as well as any other information and materials that are deemed confidential or proprietary to or by such Party ( including, without limitation, all information and materials of such Party 's customers and any other Third Party and their consultants ), in each case that are disclosed by such Party to the receiving Party, whether orally, visually, in writing or by way of any other media, that if disclosed in tangible form is marked or if disclosure is not in tangible form, the disclosing Party has notified the receiving Party at the time of disclosure that such disclosure is confidential and summarized such disclosure in writing, marking the summary and submitting it to the receiving Party ( or, if applicable, to such of the receiving Party 's Affiliates or sublicensees to whom disclosure has been made ) within thirty ( 30 ) days of the disclosure . Confidential Information shall not include any such information, data or materials to the extent that the receiving Party can demonstrate that such information, ( a ) as of the date of disclosure is known to the receiving Party or its Affiliates other than by virtue of a prior confidential disclosure to the receiving Party or its Affiliates ; ( b ) as of the date of disclosure is, or subsequently becomes, publicly known, through no fault or omission of the receiving Party or its Affiliates ; ( c ) is obtained from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the disclosing Party ; or ( d ) is independently developed by or for the receiving Party or its Affiliates without reference to or reliance upon any Confidential Information of the disclosing Party