definiens: means, with respect to each Party, all Know - How or otherinformation, including proprietary information and materials ( whether or not patentable ) regarding or embodying suchParty ’s technology, products, business information or objectives, that is communicated by or on behalf of theDisclosing Party to the Receiving Party or its permitted recipients, on or after the Effective Date, but only to theextent that such Know - How or other information in written form is marked in writing as at the time ofdisclosure, and such Know - How or other information disclosed orally or in non - tangible form is ( a ) identified by theDisclosing Party as at the time of disclosure and ( b ) within [ * * ] days thereafter, the Disclosing Partyprovides a written - 53 -summary of such Know - How or other information marked as . Confidential Information does not includeany Know - How or other information that ( a ) was already known by the Receiving Party ( other than under an obligationof confidentiality to the Disclosing Party ) at the time of disclosure by or on behalf of the Disclosing Party, ( b ) wasgenerally available to the public or otherwise part of the public domain at the time of its disclosure to the ReceivingParty, ( c ) became generally available to the public or otherwise part of the public domain after its disclosure to theReceiving Party, other than through any act or omission of the Receiving Party in breach of its obligations under thisAgreement, ( d ) was disclosed to the Receiving Party, other than under an obligation of confidentiality, by a Third Partywho had no obligation to the Disclosing Party not to disclose such information to the Receiving Party or ( e ) wasindependently discovered or developed by or on behalf of the Receiving Party without the use of any ConfidentialInformation belonging to the Disclosing Party . The terms and conditions of this Agreement will be consideredConfidential Information of both Parties