premise: “Confidential Information” includes all business, financial, contractual, marketing and/or technical information, in whatever form embodied, which has been or may be disclosed, or to which access is provided, by a party (“Discloser”) to the other party to this Agreement (“Recipient”), which  (a) if in writing, is marked “confidential”, “proprietary” or other similar marking at the time of disclosure, or  (b) if provided orally or visually, is identified as confidential at the time of disclosure and confirmed in writing to Recipient within 15 days of such disclosure.