definiens: Shall mean ( a ) the existence and terms of this Agreement and all informationconcerning the unit number and fees for Products and Inventory / Special Inventoryand ( b ) any other information that is ( i ) marked or the like or, ifdelivered verbally, confirmed in writing to be within [ * * * * ] of theinitial disclosure or that ( ii ) is of such a nature that should be understood by areasonable person to be confidential or proprietary . Confidential Information doesnot include information ( i ) that the receiving party can prove it already rightfullyknew without restriction at the time of receipt from the disclosing party ; ( ii ) thathas come into the public domain without breach of confidence by the receivingparty ; ( iii ) that was received from a third party without restrictions on its use ordisclosure ; ( iv ) that the receiving party can prove it independently developedwithout use of or reference to the disclosing party ’s data or information ; or ( v ) tothe extent the disclosing party agrees in writing that such information is free of theconfidentiality restrictions and obligations in this Agreement