premise: 3. All information of the disclosing party disclosed to or otherwise available to the other party as a result of the discussions hereunder or subsequent work with each other shall be protected hereunder as Proprietary Information of the disclosing party unless: a. if in writing or other tangible form, it is conspicuously labeled by the disclosing party as not Proprietary Information; and b. if oral, it is identified by the disclosing party as not proprietary Information.