definiens: means any i nformation disclosed by one Party to the other Part y that, if disclosed in tangible form, is marked or with other similar designation to indicate its confidential or proprietary nature or, if disclosed orally, is i ndicated orally to be confidential or proprietary b y the Party disclosing the information at the time of the discl osure and is confirmed in writing as confidential o r proprietary by the disclosing Party within forty - five ( 45 ) days after such disclosure . Notwithstanding the foregoi ng or anything herein to the contrary, Confidential Infor mation shall not include any information that, in e ach case as demonstrated by written documentation : ( a ) was alre ady known to the receiving Party, other than under an obligation of confidentiality, at the time of discl osure ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally availa ble to the public or otherwise part of the public domain after its disclosure and other than through any act or o mission of the receiving Party in breach of this Agreement ; or ( d ) was subsequently lawfully disclosed to the rec eiving Party by a person other than the disclosing Party