definiens: means any information and materials other than the Ultrasound Patents or Harmonic Imaging Patentsfurnished to a Party by the other Party pursuant to this Agreement that ( a ) the disclosing Party has marked asconfidential or proprietary, or ( b ) the disclosing Party identifies as confidential at the time of oral disclosure withwritten confirmation within 15 days of disclosure to the receiving Party ; provided, that the provisions of thisAgreement will be deemed Confidential Information of both Parties ; provided, further however, that reports and / orinformation related to or regarding the disclosing Party ’s business plans, business methodologies, strategies, technology, specifications, development plans, customers, prospective customers, billing records, and products orservices will be deemed Confidential Information of the disclosing Party even if not so marked or identified, exceptto the extent that it can be established by the receiving Party that such Confidential Information : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time ofdisclosure by the other Party, as evidenced by written records maintained by the receiving Party in theordinary course of business ; or ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure tothe receiving Party ; or ( c ) became generally available to the public or otherwise part of the public domain after its disclosure and otherthan through any act or omission of the receiving Party in breach of this Agreement ; or ( d ) was disclosed to the receiving Party, other than under an obligation of confidentiality, by a Third Party whohad no obligation to the disclosing Party not to disclose such information to others