Information will be considered to be Confidential Information and protected
under this Agreement if it is identified as "confidential" or "proprietary" (or words of
similar import) at the time of disclosure or if the information should reasonably be
considered to be confidential or proprietary due to its nature or the context of its
disclosure. Failure to identify the Confidential Information as "Confidential" or
"Proprietary" (or words of similar import) shall not affect the status of Confidential
Information governed by this Agreement. Nothing herein shall be deemed to prohibit the
disclosing party from designating material as Confidential Information after the initial
disclosure to the receiving party. In such case, provided that the information is not
already deemed Confidential Information because it should reasonably be considered
confidential or proprietary due to its nature or the context of its disclosure, the receiving
party shall treat such designation as Confidential Information from the date of
designation by the disclosing party.