definiens: means information, d isclosed by one Party to the other Party, that is treated as proprietary or confidential by the discl osing Party and, at the time of disclosure, that is marked or or that bears a mar king or legend of like import restricting its use, copying, or dissemination or that is identified as being confid ential in a letter or other written communication s ent to the receiving Party prior to or contemporaneously with disclosure to the receiving Party . Any such informa tion that is in another form when disclosed, such as oral or vis ual, shall be treated as Confidential Information o nly if and to the extent the disclosing Party informs the receivi ng Party of the proprietary or confidential nature of the information prior to or at the time of the disclosu re, and thereafter creates a written record of the disclosure ( marked in accordance with this Agreement ) and delivers the written record to the receiving Party promptly, bu t in no event more than thirty ( 30 ) days after the original discl osure to the receiving Party . Confidential Informat ion does not include any information that ( i ) was known to the r eceiving party without a duty of confidentiality be fore receipt from the disclosing party as evidenced by written r ecords made prior to such receipt or disclosure ( wh en such prior knowledge did not become known to such receiving pa rty through disclosure by a third party known to th e receiving party to be subject to an obligation to m aintain the confidentiality thereof ) ; ( ii ) is or be comes a matter of public knowledge through no fault of the receiving party or any of its agents ; ( iii ) is rightfully rec eived by the receiving party from a third party without a duty o f confidentiality ; or ( iv ) is independently develop ed by the receiving party as evidenced by written records of the receiving party