definiens: ) pursuant to this Agreement . For purposes of this Article 7, shall mean any information disclosed by the Disclosing Party to the Receiving Party which if disclosed in tangible form is marked or with other similar designation to indicate its confidential or proprietary nature or if disclosed orally is indicated orally to be confidential or proprietary by the Disclosing Party at the time of such disclosure and is confirmed in writing as confidential or proprietary by the Disclosing Party within forty - five ( 45 ) days after such disclosure . Notwithstanding the foregoing, Confidential Information shall not include any [COMPANY] Lead Generation Agreement 07118/01 -11 - Confidential Treatment has been Requested of Marked Portions IIIBO -8024811 -#27738 vI infonnation that, in each case as demonstrated by written documentation : ( i ) was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure ; ( ii ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party ; ( iii ) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission ofthe Receiving Party in breach of this Agreement ; ( iv ) was subsequently lawfully disclosed to the Receiving Party by a third party who did not acquire it directly or indirectly from the Disclosing Party ; or ( v ) was developed by the Receiving Party without use of or reference to any Confidential Infonnation of the Disclosing Party