definiens: means any confident ial or proprietaryinformation of a Party, whether in oral, written, g raphic or electronic form, confirmed in writing and marked as confidential wit hin thirty ( 30 ) days of thedate of disclosure . Confidential Information shall not include any informationwhich the receiving Party can prove by competent ev idence : ( a ) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally kno wn or available ; ( b ) is known by the receiving Party at th e time of receiving such information, as evidenced by its written recor ds maintained in the ordinary course of business ; ( c ) is hereafter furnished to the receivi ng Party by a Third Party, as a matter of right and without restriction on d isclosure ; ( d ) is independently developed by the rec eiving Party, as evidenced by its written records, without knowledge of, and without the aid, application or use of, the disclosing Party 's Confidential Information ; or ( e ) is the subject of a written permissio n to disclose provided by the disclosing Party