premise: The confidential, proprietary and trade secret information of the disclosing party (hereinafter "Confidential Information") provided hereunder, is that information described in the Confidential Information Transmittal Record (CITR) form executed from time to time hereafter.  CITR's are subject to the terms of this Agreement and shall be executed by the parties prior to the disclosure of Confidential Information.  All information described in a CITR and marked with a "confidential," "proprietary," or similar legend shall be deemed Confidential Information.  All Confidential Information received from the disclosing party shall be in tangible form.  The CITR shall set forth the disclosing party, a description of the Confidential Information disclosed, the names of the representatives of the parties and the date when the disclosure covered by the CITR commenced. OBLIGATIONS OF RECEIVING PARTY.  The receiving party shall not disclose Confidential Information to any third party without the prior written approval of the disclosing party.  The receiving party shall maintain the Confidential Information with at least the same degree of care that the receiving party uses to protect its own similar categories of confidential and proprietary information, but no less than a reasonable degree of care under the circumstances.  The receiving party shall not make any copies of Confidential Information received from the disclosing party except as necessary for its employees with a need to know.  Any copies which are made shall be identified as belonging to the disclosing party and marked "confidential," "proprietary," or with a similar legend.