definiens: shall mean all information relating to the subject matter of this Agreement ( i ) identified in written or oral format by the disclosing Party as confidential, trade secret or proprietary information and, if disclosed orally, summarized in written format within thirty ( 30 ) days of disclosure, or ( ii ) the rec eiving Party knows or has reason to know is confidential, trade secret or proprietary information of the disclosing Party . Notwithstanding the foregoing, shall not include any information which the receiving Party can show : ( i ) is now or subsequently becomes legally and publicly available without breach of this Agreement by the receiving Party, ( ii ) was rightfully in the possession of the receiving Party without any obligation of confidentiality prior to receiving it from the disc losing Party, ( iii ) was rightfully obtained by the receiving Party from a source other than the disclosing Party without any obligation of confidentiality, or ( iv ) was developed by or for the receiving Party independently and without reference to such info rmation as shown by documentary evidence