definiens: means all non - public inf ormation, whether in written, oral or any other form, including, without limitation, data, documentation, specifications, know - how, technical information, designs, drawings, plans, blueprints, business plans, custom er lists, pricing information, forecasts, projections, analyses, and manufacturing processes that the disclosing party ( the ) disclosed to the other party ( the ) or allowed the Receiv ing Party to observe, in the course of the activity under this Agreement . Al l Confidential Information must be marked at the time of disclosur e or observation as being, or in some o ther manner to indicate its confidential nature ; provided, however, that if such information is not or can not be so marked at the time of disclosure or observation, the information shall still qualify as Confidential Inf ormation if the Disclosing Party designates such information as con fidential to the Receiving Party in writing within thirty ( 30 ) days of disclosure or observation . Notwithstanding the foregoing, Confide ntial Information shall not include information that the Receiving Party ca n demonstrate ( a ) was known to the Receiving Party on a non - confidential basis prior to the disclosure by the Disclosing Party, ( b ) has become publicly available without fault of the Receiving Party ; or ( c ) was in dependently developed without the use of Confidential Information by the Receiving Party