definiens: means all secret, confidential or proprietary information or data, whether provided in written, oral, graphic, video, computer, electronic or other form, provided pursuant to this Agreement, the [ * * * ] TTA, the [ * * * ] TTA or the [ * * * ] TTA by a Party ( the ) to another Party ( the ) ; provided that the Disclosing Party shall prominently mark any such tangible or electronic documents as and shall identify any such orally or visually disclosed informat ion as at the time of first disclosure to Receiving Party and shall summarize such Confidential Information in a writing delivered to Receiving Party within [ * * * ] after such first disclosure . Notwithstanding the foregoing sentence, Confident ial Information shall exclude any information or materials that : ( a ) were already known to the Receiving Party ( other than under an obligation of confidentiality ), at the time of first disclosure by the Disclosing Party, to the extent such Receiving Party has contemporaneous written evidence to that effect ; ( b ) were generally available to the public or otherwise part of the public domain at the time of first disclosure thereof to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after disclosure or development thereof, as the case may be, and other than through any act or omission of the Receiving Party in breach of such Party ’s confidentiality obl igations under this Agreement, the [ * * * ] TTA, the [ * * * ] TTA or the [ * * * ] TTA ; ( d ) were disclosed to the Receiving Party, other than under an obligation of confidentiality, by a Person who had no obligation to the Disclosing Party not to disclose such info rmation to others ; or ( e ) were independently discovered or developed by or on behalf of the Receiving Party without the use of the Confidential Information belonging to the other Party, to the extent such Receiving Party has contemporaneous written eviden ce to that effect