definiens: . Confidential Information shall mean, with respect to a Party, all information ( and all tangible and intangible embodiments tbereof ), which is Controlled by such Party, is disclosed by such Party to the other Party pursuant to this Agreement, and is designated as confidential in writing by the disclosing Party whether by letter or by use of an appropriate stamp or legend, prior to or at the time any such information is disclosed by the disclosing Party to the other Party . In addition, any 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 ifthe disclosing Party, within thirty ( 30 ) days after such disclosure, delivers to the receiving Party a written document or documents describing the information disclosed and referencing tbe place and date of such oral, visual, electronic or written disclosure and the names of the person(s ) to whom such disclosure was made ; provided, however, that any technical information disclosed at a meeting ofthe JSC shall constitute Confidential Information unless otherwise specified . 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 ( 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 breach of this Agreement 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 l)·<ll I -6 - Confidential Treatment Requested by letter dated February ~ 2002 than the disclosing Party, rightfully having possession of and the right to disclose such infonnation free of confidentiality obligations, ( d ) has been otherwise known by the receiving Party free of confidentiality obligations to the disclosing Party prior to disclosure of such information by the disclosing Party to the receiving Party, or ( e ) has been independently developed by employees or others on behalf of the receiving Party without the aid, application or use of such information disclosed by the disclosing Party to the receiving Party