definiens: means any information that is disclosed by either Party to the other in connection with this A greement and which is specifically designated as confidential in writing, or if disclosed orally is confirmed in writing as being confidential within t hirty ( 30 ) days of disclosure, except that the receiving Party will have no obligation of confidentiality wi th respect to any information designated as confidenti al by the disclosing Party that is : ( a ) Known to the receiving Party at the time of disclos ure thereof, as demonstrated by documentary evidence ; or ( b ) At the time of disclosure, or thereafter, generally publicly available without the fault of the receiv ing Party ; or ( c ) Subsequently disclosed to the receiving Party, its employees, or other duly designated representatives, by any third party not under a sec recy obligation to the disclosing Party ; † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION -17- Nanostring Exclusive License Agreement Page 18 of 25 ( d ) Independently developed by the receiving Party with out reference to Confidential Information of the disclosing Party, as demonstrated by documentary ev idence ; ( e ) Required, by law, regulation or action of any gover nmental agency or authority, to be disclosed, provided that the receiving Party shall provide rea sonable advance notice to enable the disclosing Party to seek a protective order or otherwise preve nt such disclosure ; or ( f ) Disclosed by the receiving Party with the prior wri tten consent of the disclosing Party