definiens: means, with respect to each Party, all Know - How or other information, including proprietary information and materials ( whether or not patentable ) regarding or embodying such Party ’s or itsRepresentatives ’ technology, products, business information or objectives, that is communicated by or on behalf of theDisclosing Party to the Receiving Party or its permitted recipients, on or after the Eﬀective Date, but only to the extent that:(a ) such Know - How or other information in written form is marked in writing as at the time of disclosure, ( b)such Know - How or other information disclosed orally or in non - tangible form is identiﬁed by the Disclosing Party as at the time of disclosure or within 30 days thereafter, or ( c ) such Know - How or other information ( regardlessof the form of disclosure ) is disclosed in circumstances of conﬁdence or would be understood by the Parties, exercisingreasonable business judgment, to be confidential . Confidential Information does not 6Execution Version include any Know - How or other information to the extent the Receiving Party can demonstrate by competent proof thatsuch Know - How or other information ( 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, ( b ) was generallyavailable to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party, ( c ) becamegenerally available to the public or otherwise part of the public domain after its disclosure to the Receiving Party, other thanthrough any act or omission of the Receiving Party in breach of its obligations under this Agreement, ( d ) was disclosed tothe Receiving Party, other than under an obligation of conﬁdentiality, by a Third Party who had no obligation to theDisclosing Party not to disclose such information to the Receiving Party or ( e ) was independently discovered or developedby or on behalf of the Receiving Party without the use of any Conﬁdential Information belonging to the Disclosing Party