definiens: means ( i ) the terms and conditions of this Agreement and ( ii ) all information(A ) provided by one Party ( the ) to another Party ( the ) that is clearly identified as by the Disclosing Party at the time of disclosure or ( B ) specifically deemed to be pursuant to Section 11(c)(i ) of this Agreement . If such transmittal occurs orally, the Disclosing Party willpromptly reduce such transmittal to writing, mark and identify it as confidential, and provide such record to theReceiving Party . Specifically excepted from Confidential Information is all information that : ( 1 ) was previously knownby the Receiving Party other than by reason of disclosure by the Disclosing Party ; ( 2 ) is publicly disclosed either prior toor subsequent to the Receiving Party ’s receipt of such information except by breach of this Agreement ; ( 3 ) is rightfullyreceived by the Receiving Party from a third party without an obligation of confidence to the Disclosing Party ; or ( 4 ) isindependently developed by the Receiving Party without use or reliance upon Confidential Information provided by theDisclosing Party