definiens: means any informati on which is disclosed in any tangible form and is clearly labeled or marked as confidential, proprietary or its equivalent, or information which is dis closed orally or visually, is designated confidential, proprietary or its eq uivalent at the time of its disclosure and is reduced to writing and clear ly marked or labeled as confidential, proprietary or its equivalent wi thin thirty ( 30 ) days of disclosure ; provided that shall not include information that ( i ) was in the receiving part y 's possession or was known to it prior to its receipt from the disclosing party ; ( ii ) is or becomes public knowledge without the fault of the rece iving party ; ( iii ) is or becomes rightfully available on an unrestricte d basis to the receiving party from a source other than the disclosing party ; ( iv ) becomes available on an unrestricted basis to a third party from the disclosing party or from someone acting under its control ; ( v ) is indep endently developed by the receiving party as demonstrated by its written records