definiens: means, with respect to each Party, all Know - How or other information, including proprietaryinformation and materials ( whether or not patentable ) regarding or embodying such Party ’s technology, products, businessinformation or objectives, that is communicated by or on behalf of the Disclosing Party to the Receiving Party or its permittedrecipients, on or after the Execution Date, but only to the extent that such Know - How or other information in written form ismarked or otherwise designated in writing as at the time of disclosure or within [ … * * * … ] thereafter, and suchKnow - How or other information disclosed orally or in non - tangible form is ( a ) identified by the Disclosing Party as at the time of disclosure and ( b ) within [ … * * * … ] thereafter, the Disclosing Party provides a written summary of such Know - Howor other information marked or otherwise designated in writing as Confidential Information does not include anyKnow - How or other information that ( a ) was already known by the Receiving Party ( other than under an obligation ofconfidentiality to the Disclosing Party ) at the time of disclosure by or on behalf of the Disclosing Party, as evidenced by writtenrecords in the possession of the Receiving Party, ( b ) was generally available to the public or otherwise part of the public domainat the time of its disclosure to the Receiving Party, ( c ) became generally available to the public or otherwise part of the publicdomain after its disclosure to the Receiving Party, other than through any act or omission of the Receiving Party in breach of itsobligations under this Agreement, ( d ) was disclosed to the Receiving Party, other than under an obligation of confidentiality, bya Third Party who had no obligation to the Disclosing Party not to disclose such information to the Receiving Party, asevidenced by written records in the possession of the Receiving Party, or ( e ) was independently discovered or developed by oron behalf of the Receiving Party without the use of any Confidential Information belonging to the Disclosing Party, as evidencedby written records in the possession of the Receiving Party . The terms and conditions of this Agreement shall be consideredConfidential Information of both Parties