definiens: shall mean, with respect to a party, all information of any kind whatsoever, and all tangible and intangible embodiments thereof of any kind whatsoever, which is disclosed by such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified in writing as confidential at the time of disclosure to the receiving party or ( if otherwise disclosed or if not so marked or identified in writing ) is identified as confidential at the time of disclosure to the receiving party and is summarized and identified as confidential in writing or by electronic means within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, Confidential Information of a party shall not include information which, and only to the extent, the receiving party can establish by written documentation or electronic records ( a ) has been publicly known prior to disclosure of such information by the disclosing party to the receiving party ; ( b ) has become publicly known without fault on the part ofthe receiving party, subsequent to disclosure of such information by the disclosing party to the receiving party ; ( c ) has been received by the receiving party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such information free of confidentiality obligations ; ( d ) has been otherwise known by the receiving party free of confidentiality obligations prior to disclosure of such information by the disclosing party to the receiving party ; or ( e ) has been independently developed ( as demonstrated by contemporaneous written or electronic evidence maintained in the ordinary course of business of the receiving party ) by employees or agents of the receiving party without access to or use of such information disclosed by the disclosing party to the receiving party