premise: Confidential Information that is in writing or other tangible form (including electronic form) shall be subject to this Agreement only if it is clearly marked as "Confidential" when disclosed by the Disclosing Party to a Party.  Confidential Information that is provided orally shall be subject to this Agreement only if its confidential nature is announced at the time of disclosure and an outline of the scope of the information provided is reduced to writing, with a copy provided to the Party within ten (10) calendar days of oral disclosure of the information.  Inadvertent failure to mark Confidential Information as “Confidential” at the time it is disclosed shall not be deemed a waiver by the Disclosing Party of the protections of this Agreement provided that such Confidential Information is identified and marked "Confidential" promptly upon the discovery of its inadvertent disclosure.  Confidential Information excludes any information that:  (i) the Disclosing Party has not specifically notified the Party is confidential; 