definiens: shall mean ( i ) any proprietary or confidential in formation or material in tangible form disclosed in accordance with this Agr eement that is marked as or the like at the time it is delivered to the receiving p arty, or ( ii ) proprietary or confidential informati on disclosed orally hereunder which is identified as confidentia l or proprietary when disclosed and such disclosure of confidential information is confirmed in writing wi thin [ * * ] by the disclosing party . Notwithstanding the foregoing conditions, the following information sha ll always be deemed Confidential Information of Lic ensee for purposes of this Agreement : ( a ) all reports and records delivered to Licensor pursuant to Article V hereof, ( b ) copies of any sublicenses to be provided to Lic ensor pursuant to Article VI hereof, and ( c ) materi als provided to Licensor under Article IX hereof in connection w ith patent enforcement . Licensor shall treat Licens ee ’s Confidential Information as trade secrets or commer cial or financial information that is privileged or confidential within the meaning of 5 USC Section 552(b)(4 ) or wh ich would be considered as such if it had been obta ined from a non - Federal party . For purposes of this Agre ement, shall not include information that can be established by the receivin g party by competent proof that such information : ( a ) was already known to the receiving party, other tha n under an obligation of confidentiality, at the ti me of disclosure ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclo sure to the receiving party ; ( c ) became generally available to the public or otherwi se part of the public domain after its disclosure a nd other than through any act or omission of the receiving p arty in breach of this Agreement ; or ( d ) was subsequently lawfully disclosed to the receivin g party by a person other than a party hereto