definiens: shall mean the confidential and proprietary information of a party which is disclosed by such party ( the ), to the other party ( the ) in connection with supplying and evaluating the Peptide(s ) ; provided thatany CU information or SPI information that relates to the Peptide(s ) will be deemed Confidential Information, regardless of theexistences of any marking or similar identification or legend . Confidential Information shall include information that isdisclosed in writing and marked or with a similar legend, or is disclosed orally and is reduced to writing and marked or with a similar legend within thirty ( 30 ) days after such disclosure . Confidential Information shall not include informationthat, ( a ) is in possession of the Receiving Party at the time of disclosure thereof as demonstrated by written records ; ( b ) is or laterbecomes part of the public domain through no fault of the Receiving Party ; ( c ) is received by the Receiving Party from a third partyhaving no obligation of confidentiality to the Disclosing Party ; ( d ) is developed independently by the Receiving Party without use of orreference to any Confidential Information ; or ( e ) is required by law or regulation to be disclosed ; provided, however, that, the ReceivingParty has provided written notice to the Disclosing Party promptly to enable the Disclosing Party to seek a protective order or otherwiseprevent disclosure of such information . From time to time during the term of this Agreement, the Disclosing Party may, in connectionwith the evaluation of the Peptide(s ), disclose Confidential Information to the Receiving Party . The Receiving Party shall use theConfidential Information solely for the purpose of the Evaluation . The Receiving Party agrees to exert reasonable efforts ( no less thanthe protection given its own confidential information ) to maintain such Confidential Information in confidence, to make such ConfidentialInformation available only to those persons who require access to it in the performance of this Agreement and the Evaluation, and toinform all such parties of the confidential nature of such Confidential Information . The obligations of the Receiving Party under thisSection 10 shall continue for a period of five ( 5 ) years after the expiration or termination of this Agreement