definiens: shall mean ( i ) DeltaBase ; ( ii ) the [COMPANY] Intellectual Property and [COMPANY] Patent Rights ; ( iii ) the content ( but not the existence ) of this Agreement ; and ( iv ) all other data and/or information of any kind whatsoever ( including without limitation, data, databases, compilations, formulae, schemata, models, patent disclosures, procedures, processes, projections, protocols, results of experimentation and testing, specifications, strategies and techniques ), and all tangible and intangible embodiments, of any kind, of such info1111ation ( including without limitation, apparatus, compositions, document s, drawings, machinery, patent applications, records, laboratory and research notebooks, memoranda and reports ), insofar as [COMPANY] has disclosed them to [COMPANY] and at the time of disclosure has identified them as confidential, or if disclosed or obtained orally or visually ( or otherwise in a non - written form ), was described or summarized in a writing or other tangible form and identified as confidential to [COMPANY] within thilty ( 30 ) days of such disclosure . Notwithstanding the foregoing, the obligations of [COMPANY] with respect to [COMPANY] Confidential Information shall not apply to any information which [COMPANY] can establish by written documentation ( a ) to be publicly known at or after the time of [COMPANY] 's disclosure without fault by [COMPANY] ; ( b ) to have been received by [COMPANY] at any time from a source other than [COMPANY], where such source is not under an obligation of confidentiality to [COMPANY] ; or ( c ) to have been otherwise known by [COMPANY] before disclosure by [COMPANY]