definiens: means any information disclosed by one Party to the other Party that ( i ), if disclosed in tangible form, is marked or with other similar designation to indicate its confidential or proprietary nature ; ( ii ), if disclosed orally, is indicated orally to be confidential or proprietary by the Party disclosing the information at the time of the disclosure and is confirmed in writing as confidential or proprietary by the disclosing PartY withinUQrty - five ID ) da§a.fter such disclosure ; or ( iii ) is disclosed during an au ~ it under Section 6.6 . Notwithstanding the foregoing, Information shall not include any information to the extent that such information ( i ) is or becomes generally available to the public through no fault of the receiving Party ; ( ii ) can be demonstrated in writing to have been known by the receiving Party, other than under an obligation of confidentiality, at the tUne of its disclosure by the other Party or to have been independently developed after the date of disclosure by the receiving Party without the application or use of the disclosing Party 's Information ; or ( iii ) becomes known to the other Party from a source other than the disclosing Party without breach of this Agreement by such Party, provided, that such source has the lawful right to disclose such Information to such Party