premise: Confidential Information means all information relating to the Project or the Contractor’s proposal for the Project and all information relating to the nature of either Party’s business, affairs or trade secrets, which either Party directly or indirectly receives or acquires from the other Party, or the other Party’s representative, either in writing or verbally (but in the case of verbal information, only that which is reduced to writing by the Disclosing Party and delivered to the Receiving Party within 10 days of the verbal disclosure), or through observation of the Project, except information falling into any one or more of the following categories: (a) information which the Receiving Party can show was in its possession on a non-confidential basis before receipt of the information from the Disclosing Party; (b) information which is lawfully in the public domain at the time of the Receiving Party’s receipt of the information from the Disclosing Party, but not including the Company’s request for proposals for the Project; (c) information which, after the Receiving Party’s receipt of the information from the Disclosing Party, becomes part of the public domain through no act of the Receiving Party or of any third party under an obligation of confidence with respect to such information, but only after such information becomes part of the public domain; or (d) information which, after receipt of the information by the Receiving Party, is lawfully obtained by the Receiving Party from a third party, but only after such information is so received, and provided such third party is under no obligation of confidence with respect to such information.