definiens: means any and all information disclosed hereunder in writing and identified as being confidential or, if disclosed orally, visu ally or through some other media, is identified as confidential at the time of disclosure and is summarized in writing within [ … * * * … ] of such disclosure and identified a s being confidential, except any portion thereof which : ( a)is known to the recipient at the time of the dis closure, as evidenced by its written records or other competent evidence ; ( b)is disclosed to the recipient by a Third Party l awfully in possession of such information and not under an obligation of nondisclosure ; ( c)is or becomes patented, published or otherwise p art of the public domain through no fault of the recipient ; Page 4 Technical Transfer & Supply Agreement ( signature ve rsion ) CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . A COMPLETE VERSION OF THIS EXHIBIT HAS B EEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 PROMULGATED UNDER THE SECURITIES ACT OF 1934, AS AMENDED