definiens: shall mean all written information and data provided by one Party to the other hereunder and marked or a reasonable equivalent thereof or, if disclosed orally, visually or in some other form, is summarized in a writing identified as or a reasonable equivalent thereof and provide d to the other Party within thirty ( 30 ) days of such disclosure ; provided, however, that during the term of this Agreement, the Prometheus Know -how shall be deemed the Confidential Information of both Parties . Notwithstanding the foregoing, Confidential In formation of a Party shall not include information that the other Party ( the ) can demonstrate : ( a ) is known to the recipient and not subject to prior confidentiality obligations to Prometheus ( i.e., knowledge of former Prometheus employees ), a s evidenced by its written records, before receipt thereof under this Agreement ; ( b ) is disclosed to the recipient without restriction after acceptance of this Agreement by a Third Party who has the right to make such disclosure ; ( c ) is or becomes part o f the public domain through no breach of this Agreement ; or ( d ) is independently developed, as evidenced by its written records, by or for the recipient by individuals or entities who have not had access to the information disclosed hereunder