definiens: means all proprietary and non - public business or technical information, whether or not patentable, disclosed by one Party to the other Party either in writing and marked or disclosed orally and reduced to a writing marked within 30 days after the initialoral disclosure . Notwithstanding the foregoing, shall not include any informationthat : ( i ) was in the public domain as of the Effective Date or comes into the public domain during the term ofthis Agreement through no act of the receiving Party ; ( ii ) was independently known to the receiving Party asshown by the receiving Party ’s written records prior to receipt from the disclosing Party, or made available tothe receiving Party by a Third Party without any violation of the obligations of such Third Party or thereceiving Party to the other Party ; ( iii ) is independently conceived, invented, or acquired by the receivingParty by persons who were not exposed to Confidential Information