mutual confidentiality agreement and nano labs ( “ participant ” ), a [ state of incorporation ] corporation having a place of business at the ford building, 615 griswold st., 17th floor, suite 305 detroit, mi 48226 information of a technical or commercial nature and samples related to sgcp ’ s business, including without limitation financial information, powder, slurry and compound product related information and information related to methods and equipment for manufacturing same, as well as the existence and terms of this agreement and the existence and nature of the relationship between the parties. details regarding participant ’ s diamond powders, nano diamond slurries and compounds and related capabilities. 1. this agreement is effective as of the start of the disclosure period. the parties may engage in certain activities related to sgcp and participant considering future business relationships ( the “ activities ” ) as part of which they may exchange confidential information from one party as discloser to the other as recipient. 2. “ information ” shall mean information identified above, disclosed by or on behalf of discloser or discloser ’ s affiliates to recipient or recipient ’ s affiliates, during the disclosure period, and ( a ) disclosed in a form suitable for marking ( e. g., written, sample, electronic ) and conspicuously marked “ confidential ” or ( b ) disclosed in another form, noted at the time of disclosure to be confidential, and confirmed as such in writing by the discloser to the recipient within thirty ( 30 ) days. 3. despite the foregoing, the protections of this agreement shall cease to apply to information as of the date it is ( a ) known publicly except through breach of this agreement, ( b ) received by recipient from a third party without an obligation of confidentiality, ( c ) already known to recipient as of the date of disclosure hereunder, or ( d ) independently developed. the recipient shall have the burden of demonstrating such an exception applies. information may be disclosed if required by process of law so long as recipient promptly notifies discloser and reasonably cooperates with discloser to limit disclosure. 4. for the confidentiality period extending from the date of disclosure of particular information, the recipient shall ( a ) use such information only for the mutual benefit of the parties in connection with the activities, ( b ) disclose such information only to its employees and agents and its affiliates ’ employees and agents ( collectively “ representatives ” ) who need to know for the activities, ( c ) use