definiens: means all know - how or other information, including, without limitation, proprietary information and materials ( whether or not patentable ) regarding a Party 's technology, products, business information or objectives, which is designated as confidential in writing by the disclosing Party, whether by letter or by the use of an appropriate stamp or legend, prior to or at the time any such material, trade secret or other information is disclosed by the disclosing Party to the other Party . Notwithstanding the foregoing to the contrary, ( a ) all Emory Subject Technology shall constitute Confidential Information of Emory, and ( b ) materials, know - how or other information which is orally, electronically or visually disclosed by a Party, or is disclosed in writing without an appropriate letter, stamp or legend, shall constitute Confidential Information of a Party ( i ) if the disclosing Party, within thirty ( 30 ) days after such disclosure, delivers to the other Party a written document or documents describing the materials, know - how or other information and referencing the place and date of such oral, visual, electronic or written disclosure and the names of the persons to whom such disclosure was made, or ( ii ) such information is of the type that is customarily considered to be -2 - USIDOCS 5589577vl confidential information by persons engaged in activities that are substantially similar to the activities being engaged in by the Parties pursuant to this Agreement