definiens: of a party means all Inventions, Know - How or other information, including, without limitation, information and material ( whether or not patentable ) regarding technology, products, research, development, manufacturing, marketing, finances, personnel or other business information or objectives . Information developed by [COMPANY] independently or jointly with [COMPANY] that is or should be assigned to [COMPANY] pursuant to Section 9 shall be deemed Confidential Information of [COMPANY] and information developed by [COMPANY] independently or jointly with [COMPANY] that is or should be assigned to [COMPANY] pursuant to Section 9 shall be deemed Confidential Information of [COMPANY], and, with respect to a party, other information developed jointly by [COMPANY] and [COMPANY] shall be deemed to be the other party 's Confidential Information for the purpose of the confidentiality obligations hereunder except in respect of use by such other party . The disclosing party will endeavor to mark all Confidential Information as or in writing prior to or at the time any such information is disclosed to the other party, provided that with respect to Confidential Information that is orally, electronically or visually disclosed, the disclosing party will endeavor to deliver to the other party a written document identifying such information as or 29 Confidential within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, in the event that a party fails to mark information as or and the information otherwise constitutes confidential information, the parties will not lose the benefit of this clause