definiens: means all information of whatsoever type or kind ( i ) provided ( either directlyor indirectly in writing or other tangible form or orally ) by one Party ( the ) to anotherParty ( the ) that is clearly marked and identified as by the Disclosing Partyat the time of disclosure or ( ii ) specifically deemed to be pursuant toSection 14(a)(i ) of this Agreement . Any information communicated orally by the Disclosing Party will beconsidered only if identified as such by the Disclosing Party upon such first oraldisclosure . Specifically excepted from Confidential Information is all information that the Receiving Partycan demonstrate by written records ( 1 ) to have been known by, or in the possession of, the Receiving Partyprior to the Disclosing Party ’s disclosure of such Confidential Information to the Receiving Party ; ( 2 ) has, after disclosure of such Confidential Information by the Disclosing Party to the Receiving Party, becomeknown to the Receiving Party through a Third Party who is not known by the Receiving Party to be underany obligation of confidentiality to the Disclosing Party ; ( 3 ) to have been part of the public domain orpublicly known at the time of the Disclosing Party ’s disclosure of such Confidential Information to theReceiving Party ; ( 4 ) has, after disclosure of such Confidential Information by the Disclosing Party to theReceiving Party, become part of the public domain or publicly known, by publication or otherwise, not dueto any unauthorized act or omission by the Receiving Party ; or ( 5 ) to have been independently developedby the Receiving Party without reference to, use of, or reliance upon, such Confidential Information