definiens: shall mean, with respect to a party, all information of any kind whatsoever, and all tangible and intangible embodiment s thereof of any kind whatsoever, which is disclosed by such party to the other party pursuant to this Agreement, and ( if disclosed in writing or other tangible medium ) is marked or identified in writing as confidential at the time of disclosure to the receiving party or ( if otherwise disclosed or if not so marked or identified in writing ) is identified as confidential at the time of disclosure to the receiving party and is summariz ed and identified as confidenti al in writing or hy electronic means within thirty ( 30 ) days after such disclosure . Notwithstanding the foregoing, Confidential Information of a party shall not include information which, and only to the extent, the receiving party can establish by written documentation or electronic records ( a ) has been publicly known prior to disclosure of such information by the disclosing party to the receiving party ; ( b ) has become publicly known without fault on the part of the receiving party, subsequent to disclosure of such infonnation by the disclosing party to the receiving party ; ( c ) has been received by the - }