definiens: shall mean ( i ) the terms of this AGREEMENT including all Appendices and ( ii ) with respect to any Party ( ), any information relating to the Disclosing Party, the products or the Disclosing Party ’s business ( including but not limited to KNOW -HOW, technical information, research, pe rsonnel, marketing, strategic or other information ) that is disclosed in writing, visually, orally or in electronic medium to the other Party ( ), whether prior to or after the EFFECTIVE DATE, in the course of the Parties ’ evaluation, negot iation of or performance under this AGREEMENT which in written or other tangible form shall be clearly marked as being confidential and if not in written or tangible form when disclosed, will be indicated upon disclosure as being confidential and then summ arized electronically or in writing and marked as being confidential within thirty ( 30 ) days after disclosure, but shall not include information that : 1.4.1 the Receiving Party or an AFFILIATE owned or controlled prior to receipt from the Disclosing Party, or 1.4.2 is or becomes public through no fault of the Receiving Party or any AFFILIATE thereof, or 1.4.3 is hereafter developed by the Receiving Party or an AFFILIATE independent of any disclosure from the Disclosing Party as evidenced by competent written evidence, or 1.4.4 the Receiving Party or an AFFILIATE obtains from a THIRD PARTY lawfully and not under a confidentiality obligation to the Disclosing Party, or 1.4.5 is required to be disclosed by law or regulation, provided that Receiving Party shall notify providing party forthwith of any such required disclosure