definiens: shall mean any proprietary, confidential or non - publicinformation, including without limitation information relating to products, End Users, suppliers, data, processes, prototypes, samples, plans, marketing plans, reports, forecasts, technical orcommercial information, patents, patent applications, research, research results and other tradesecrets, strategies, Know - How ( as hereinafter defined ) or intellectual property rights disclosed inwriting by one Party to the other Party under this Agreement, as well as information disclosedorally and disclosed to be at the time of disclosure, to the extent suchoral disclosure is reduced to writing, marked and provided to the receiving Partywithin [ thirty ( 30 ) days ] after oral disclosure . shall not include anyinformation which:(a ) Is known to the receiving Party before receipt thereof under this Agreement, as evidenced by the receiving Party 's written records;(b ) Is disclosed to the receiving Party without restriction by a Third Party ( ashereinafter defined ) not under an obligation of nondisclosure to thedisclosing Party;{c ) Is or becomes part of the public domain other than through a breach of thisAgreement by the receiving Party;2 [ ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities andExchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended