premise: i) “Confidential Information” refers to the following items Discloser discloses to the Recipient: (1) Any information that is in written, graphic, machine readable, or other tangible form, and that Discloser designates as “Confidential, “specifically including, but not limited to, the BWC Information Systems Documentation containing file specifications and data definitions for files and reports which will be utilized under the contract to be awarded under RFP CSP903918; (2) Any oral or visual information Discloser designates as “Confidential” at the time of disclosure; (3) Any source code and any names of actual or potential Disclosers, whether or not marked as confidential; and (4) Any other nonpublic, sensitive or third party information that is possession of Discloser and is disclosed to Recipient under this Agreement. (5) Notwithstanding the foregoing, Confidential Information does not include information that: (a) Was already in the Recipient’s possession before disclosure by the Discloser, and the information was received by the Recipient without the obligation of confidence; (b) Is independently developed by Recipient without use of, or reference to, Confidential Information; (c) Is or becomes publicly available without breach of this Agreement except as provided in  2)a)i)(6); (d) Is rightfully received by the Recipient from a third party without an obligation of confidence; or  (e) Is disclosed by the Recipient with the written consent of the Discloser. (6) Although some sensitive personal information, such as medical records, addresses, telephone numbers, and social security numbers may be publicly available through other sources, the Recipient shall not disclose or use such information in any manner except as expressly authorized in this Agreement.  Therefore, notwithstanding  (5)(c) above, the Recipient does have an obligation to maintain the confidentiality of such sensitive personal information, whether or not marked as confidential.