definiens: means any information disclosed by one party to the other party that, if disclosed in tangible form, is marked or with other similar designation to indicate its confidential or proprietary nature or, if disclosed orally, is indicated orally to be confidential or proprietary by the party disclosing the information at the time of the disclosure and is confirmed in writing as confidential or proprietary by the disclosing party within [ * * * ] after such disclos ure . Notwithstanding the foregoing, Confidential Information shall not include any information that, in each case as demonstrated by written documentation : ( a ) was already known to the receiving party, other than under an obligation of confidentiality, at the time of disclosure ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving party ; ( c ) became generally available to the public or otherwise part of the public domain after its dis closure and other than through any act or omission of the receiving party in breach of this Agreement ; or ( d ) was subsequently lawfully disclosed to the receiving party by a person other than the disclosing party