definiens: means any information disclosed by one Party to the other Party that, 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 Party disclosing the information at the time of the disclosure and is confirmed in writing as conf idential or proprietary by the disclosing Party within forty - fi ve ( 45 ) days after such disclosure . For avoidance o f doubt, all data and information regarding the Product provided by Supplier to Purchaser shall be deemed the Confi dential Information of Purchaser . Notwithstanding the foreg oing or anything herein to the contrary, Confidenti al Information shall not include any information that, in each case as demonstrated by written documentat ion ; ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at th e time of disclosure ; ( b ) was generally available to the publ ic or otherwise part of the public domain at the ti me of its disclosure to the receiving Party ; ( c ) became gener ally available to the public or otherwise part of t he public domain after its disclosure and other than through any act or omission of the receiving Party in breac h of this Agreement ; or ( d ) was subsequently lawfully disclos ed to the receiving Party by a person other than th e disclosing Party