definiens: means all proprietary materials, know - how or othe r information ( whether or not patentable ) regarding a Party ’s technology, product s, business information or objectives, which is des ignated as confidential in writing by the disclosing Party, wh ether by letter or by the use of an appropriate sta mp or legend, prior to or at the time any such material, know - how or other information is disclosed by the disclosin g Party to the other Party or its Affiliate . Notwithstanding t he foregoing to the contrary, proprietary materials, know - how or other information which is orally, electronicall y or visually disclosed by a Party, or is disclosed in writing without an appropriate letter, stamp or legend, sha ll constitute Confidential Information of the discl osing Party only if, ( a ) the disclosing Party, within thirty ( 3 0 ) days after such disclosure, delivers to the othe r Party a written document or documents describing the materials, kno w - how or other information identifying same as confidential and referencing the place and date of such oral, visual, electronic or written disclosure and the names of the persons to whom such disclosure was ma de, or ( b ) such information is of the type that is customarily considered to be and is otherwise held as confidential information by the disclosing Party . In addition, any technical or financial information of a Party disclosed at a meeting of the Oversight Co mmittee or any subcommittee thereof or disclosed through any r eport provided, or audit conducted, pursuant to thi s Agreement shall constitute Confidential Information of the disclosing, reporting or non - auditing Party, as applicable, unless otherwise specified . The terms o f this Agreement shall be considered Confidential I nformation of each Party