Any information disclosed
by the disclosing party (“Discloser”) will be considered Confidential Information of Discloser by
the receiving party (“Recipient”), only if such information (a) if provided as information fixed in
a tangible medium of expression, is conspicuously designated as “Confidential” or “Proprietary”,
or (b) if provided orally, is identified as confidential at the time of disclosure and confirmed in
writing within thirty (30) days of disclosure