definiens: shall mean any and all proprietary information of TSRI or Sponsor which may be exchanged between the parties at any time and from time to time during the term hereof The fact that a party may have marked or identified as confidential or proprietary any specific information shall be indicative that such party believes such information to be confidential or proprietary, but the failure to so mark information shall not conclusively determine that such information was or was not considered confidential information by such party . Information shall not be considered confidential to the extent that it : a. Is publicly disclosed through no fault of any party hereto, either before or after it becomes known to the receiving party ; or b. Was known to the receiving party prior to the date of this Agreement, which knowledge was acquired independently and not from the other party hereto ( including such party 's employees ) ; or c. Is subsequently disclosed to the receiving party in good faith by a third party who has a right to make such disclosure ; or d. Has been published by a third party as a matter of right ; or e. Is required to be disclosed by law or court order, in which event the party required to make such disclosure shall limit the same to the minimum required to comply with the law or court order, and prior to making such disclosure that party shall notify the other party, not later than ten ( 10 ) days before the disclosure in order to allow that other party to comment and/or to obtain a protective or other order, including extensions of time and the like, with respect to such disclosure