definiens: means ( i ) the terms and conditions of this Agreement and ( ii ) all information(A ) provided by one Party ( the ) to another Party ( the ) that is clearlyidentified as by the Disclosing Party at the time of disclosure or ( B ) specifically deemed to be pursuant to Section 11(c)(i ) of this Agreement . If such transmittal occurs orally, theDisclosing Party will promptly reduce such transmittal to writing, mark and identify it as confidential, and providesuch record to the Receiving Party . Specifically excepted from Confidential Information is all information that:(1 ) was previously known by the Receiving Party other than by reason of disclosure by the Disclosing Party ; ( 2 ) ispublicly disclosed either prior to or subsequent to the Receiving Party ’s receipt of such information except bybreach of this Agreement ; ( 3 ) is rightfully received by the Receiving Party from a third party without an obligationof confidence to the Disclosing Party ; or ( 4 ) is independently developed by the Receiving Party without use orreliance upon Confidential Information provided by the Disclosing Party