definiens: means any and all knowledge, know - how, or other information disclosed by either Party to the other, either orally or in writing, and materials transferred under this Agreement, if so marked at the time of delivery and, in the case of oral information, if so designated at the time of delivery and confirmed in writing by the disclosing party within thirty ( 30 ) days after oral disclosure . Notwithstanding the foregoing, Confidential Information will not include information or materials that : 1.11.1 the receiving party can demonstrate by competent, contemporaneous written records was known to it prior to the date of disclosure hereunder by the disclosing party ; 1.11.2 is public knowledge, or becomes public knowledge, other than by breach of this Agreement by the receiving party or by anyone to whom the receiving party disclosed such information ; 1.11.3 is lawfully disclosed to the receiving party by a Third Party who is not obligated to the disclosing party or any other party to retain such information in confidence ; or Page 3 of3 CONFIDENTIAL TREATMENT REQUESTED 1.11.4 is independently developed by the receiving party without knowledge of the information of the disclosing party as demonstrated by competent, contemporaneous written records