definiens: means, with respect to e ach Party, all Know - How or other information, including proprietary information and materials ( wh ether or not patentable ) regarding or embodying suc h Party ’s technology, products, business information or objec tives, that is communicated by or on behalf of the Disclosing Party to the Receiving Party or its permitted recip ients, on or after the Effective Date, but only to the extent that such Know - How or other information in written form is marked or otherwise designated in writing as at the time of disclosure or within [ … * * * … ] thereafter, and such Know - How or other info rmation disclosed orally or in non - tangible form is ( a ) ide ntified by the Disclosing Party as a t the time of disclosure and ( b ) within [ … * * * … ] thereafter, the D isclosing Party provides a written summary of such Know - How or other information marked or otherwise design ated in writing as Confidential Inf ormation does not include any Know - How or other information that ( a ) was already known by the Receiving Party ( other than under an obligation of confidentiality to the Disclosing Party ) at the time of disclosure by or o n behalf of the Disclosing Party, as evidenced by written records i n the possession of the Receiving Party, ( b ) was ge nerally available to the public or otherwise part of the pu blic domain at the time of its disclosure to the Re ceiving Party, ( c ) became generally available to the public or oth erwise part of the public domain after its disclosu re to the Receiving Party, other than through any act or omis sion of the Receiving Party in breach of its obliga tions under this Agreement, ( d ) was disclosed to the Receiving Party, other than under an obligation of confidenti ality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to the Rece iving Party, as evidenced by written records in the possession o f the Receiving Party, or ( e ) was independently dis covered or developed by or on behalf of the Receiving Party wi thout the use of any Confidential Information belon ging to the Disclosing Party, as evidenced by written records i n the possession of the Receiving Party . The terms and conditions of this Agreement shall be considered Co nfidential Information of both Parties