definiens: . 1.13 CONFIDENTIAL INFORMATION shall mean all Information disclosed by one Party ( the ), its officers, directors, employees, consultants, contractors or agents and those of its Affiliates to the other Party ( the ) that is marked at the time of disclosure if disclosed in written or tangible form ; or is disclosed orally or disclosed by visual observation during a tour, site visit, or audit of either Party or any of their Affiliates ’ laboratori es, manufacturing plants or other facilities . Notwithst anding the preceding, if a Party fails to mark writ ten or tangibly disclosed Information as but notifies the other Party in writing of the confidential nature of the Information within ten ( 10 ) business days after the date of disclosure, the Information shall become as set forth he rein . Confidential Information shall not include Information which : ( i ) is known to the Receiving Party as evidenced by its written records before receipt thereof from the Disclosing Party ; ( ii ) is disclosed to the Receiving Party by a third person who has the right to make such disclosure ; ( iii ) is or becomes part of the public domain throug h no breach of this Agreement by the Receiving Party ; or ( iv ) the recipient can reasonably establish by competent evidence is independently developed by an employee, consultant or agent of the Receiving Party without reference to or use of the Confidenti al Information disclosed by the Disclosing Party