definiens: CryoSea l Il Kit,8 intellectual rropel'ty 1'01 ' sal~ by Biomel"OW, rnFREI'ORF, in consideration of the a(x > ve recitals alld in consideration oftt, ., mutual agrcen .... ' Tltr, and undertaki ngs sel forth l,,(lie ieney 0 f which aAlJilia!c81 ka > ll'ifly p<.:n::enl ( 50tock _ (, ] ' « : lol In, BlOmel · .,, Ihrornbin dOlling JilclOr dc,'i ~ c ( Includin g HiCs thrombin loclmulogy ), TGC ', thromblll Tcml bloud prtICCO < Olllg disrosahles _ 1.3 means T(;Cs fibrmogen rlus di'rosable, la ~ ling as ' pecitled by BlOmel, ami apph ( : yroSeal II Intd leclu~1 Property1 i'wjX-.,-ty Tc'qlllrcJ 10 make, usc, ofter for, Product 1.5 lli n(}n - pllblic llllunlllllion, whclhcr in written . oral or any other fOlm, including, withoul limitation, data, doclLmenl.lion, ' pecification, r \0 1 lists, pricing information . forecasts, projectiOlls, analyses, and manufacturing pn)ce '' ' 's that tm, discio'ing party ( the ) diReceiving Party, of tht : activity under this Agreement, which information is indicated at the time of disclosure or ol"eIvahon as lx : ing contldential or proprietary in some t1lal1Jl<.'r ; provided, nrflwver, that if such illformatiOll is not or can not be 50 marked at the time of disch"ure or observatIon, the information shall still qualify as COIIfidential Information if the Discio, ing Parly designates such information as confidential to the Receiving Party in writing within thirty ( 30 ) days of disclosul " < ' or oo .,ervation . Notwithstanding the foregoing, Confidential Information shall not include mformation that the Receiving Party can demonstrate ( a ) was known to the Receiving Party on a IIOn - confidential basis prior to the disclosure by the Disclosing Party, ( b ) hall become publicly availahle without fault of the Rc"Cciving Party, or ( e ) was independently developed without the use of Confidential Information by representatives of the Receiving Party who did not have access to the Confidential Information as established by conhm1pOr"JleOU ' written records