definiens: means confidentialand proprietary information of any kind which is disclosed by the Sponsor to [COMPANY] that ( i ) prior to disclosure, ismarked with a legend indicating its confidential status or ( ii ) is disclosed orally or visually, if the Sponsoridentifies such information as confidential at the time of disclosure and, within 30 days of such disclosure, delivers to the Principal Investigator a notice summarizing the confidential information disclosed . Notwithstandingthe foregoing, in no event is information Confidential Information if it ( a ) was in [COMPANY] ’s possession before receiptfrom the Sponsor ; ( b ) is or becomes a matter of public knowledge through no fault of [COMPANY] ; ( c ) is received by MITfrom a third party having an apparent bona fide right to disclose the information without a duty of confidentiality tothe Sponsor ; or ( d ) is independently developed by [COMPANY] without use of the Confidential Information