definiens: means all data, specifications, training, and any other know - how related to the design, development, manufacture, or performanc e of the System or the Cartridge, the customers, fi nances, methods, research, processes or procedures of a par ty, as well as all other information and data provi ded by either party to the other party pursuant to this Ag reement ( i ) in written or other tangible medium and marked as confidential, or ( ii ) if disclosed orally or displa yed, confirmed in writing within 30 Business Days a fter disclosure and marked as confidential, or ( iii ) tha t by the nature of the information or the circumsta nces surrounding disclosure, should in good faith be tre ated as confidential, except that the term does not include the following : ( 1 ) information that is or becomes generally availa ble to the public other than as a result of a breac h of this Agreement by the receiving party or its Representatives ; -18- [ * * * ] = Certain confidential information containe d in this document, marked by brackets, has been om itted and filed separately with the Securities and Exchange C ommission pursuant to Rule 406 of the Securities Ac t of 1933, as amended