definiens: means infOlm':nion rece : ived by one Party ( Receiving Party ) f : rom the other Pany { Disc . Josing 1':l:11Y ) ( 1 ) that the Receiving Party has a reasonable basis to believe is confidential to the Disclosing Party, or is trc, sled by the disc'losing Party as confidential . ( 2 ) IS identified fit the time of disclosure as and, ( 3 ) in the case of disclosu : res in Hoo·wnlten fO)'I1l, is_identified in w : riting within thiny ( 30 ) days as copfidentiaL Notwithstanding ule above, COllfiden11al Information -will nOl include any jnfOTITIi'llion which : { a ) can be demonstrated to havc been in the public domain as of the Second Amendment Date or comes ir'ni ) 1he public domain during the term oflhis Agreement through nO aCl oflhe recipient ; or ( b ) can bedcD1Qnstratcd to have been independently known to the recipient prioJ ' to the receipt thereof ; or made 3vnil.abJe 10 the recipient as a matter Qf.lawfu l right by a third party ; or ( c ) can be demonstrated to ' have been rightfully receivcd by the recipient from Ol third party who did nOl require the recipient to hold itin confidence or limit its use and who did nol acquire it, directly 01 ' indirectly . from the other PaI1Y to this Agreement . under a continuing obligation of confidentiality ; or ( d ) will be Jeqliired for disclosure to any governmental regulatory i : lgencies pursuant : to approval for use, provided the Disclosing Pal1Y is given reasonable notice of such proposed di'$c)osure and . jf requested by ule Disclosing Pany . the Receiving Party uses, • reasonable efforts 10 maintain tile confidcnti:'l Jity or - such inron1l3tion in such governmental submission ; or ( e ) is independently conceived, invented or acquired by researchers ofille rcclpiel1l who have not been personally eXjJosed to the information provided to the recipkut hereunder, or 2.21 mc.ms 1.10 ' order from a customer of ABG for a~ lcaslQp~ : : _ _ < ' & tMlti'Sa fidi(~l<€iOf ) ) ' Bare Probes represented to HIe customer as having been manufactured at a '' ' -----sy)llhesis scale intended 10 yield grealer than Or equal to~ ; O.Q:9;:prcojnoleio fMGB Oligonucleotide