premise: The confidential, proprietary and trade secret information of the disclosing party (“Confidential Information”) to be disclosed hereunder is  (i) information in tangible form that bears a “confidential,” “proprietary,” “secret,” or similar legend, and  (ii) discussions relating to that information whether those discussions occur prior to, concurrent with, or following disclosure of the information.  The disclosing party shall make reasonable efforts to mark its confidential information in tangible form with any of the aforementioned legends prior to disclosure.  However, the disclosing party’s information in tangible form that does not bear any of these legends, and discussions relating to that information, shall nevertheless be protected hereunder as Confidential Information, if the receiving party knew, or should have reasonably known under the circumstances, that the information was confidential and had been communicated to it in confidence.