premise: For purposes of this agreement, Confidential Information shall be assumed to be of a confidential and/or proprietary nature by Recipient, as it is reasonable to assume and expect that said Business Information is highly relevant to the success of its Discloser’s business and is not known to the public. b. The restrictions set forth herein shall not apply with respect to information designated by Discloser as Confidential which:  (i) is known by Recipient at the time of receipt as evidenced by Recipient’s records;  (ii) is or becomes a part of the public domain without breach of the Agreement by Recipient;  (iii) is obtained by Recipient from a third party under conditions permitting its disclosure to others;  (iv) is independently developed by Recipient; or  (v) is disclosed by Recipient pursuant to judicial action or Government regulations provided Recipient notifies Discloser prior to such disclosure and cooperates with Discloser in the event Discloser elects to legally contest and avoid such disclosure. 2. Identification of Confidential Information.  For the purpose of the Agreement, written Business or Technical Information (including that which is delivered electronically) that is considered to be Confidential Information by Discloser, shall be so marked by Discloser.  Information that is furnished orally shall be considered Confidential Information if Discloser so indicates.  Additionally, information furnished by Discloser shall be deemed Confidential Information if it is obvious from its content, in the context under which it is furnished.