Notwithstanding Subsection __ (Confidential Information Defined), no information will be Confidential Information, even if so marked or designated, unless: (a) it constitutes software specifications, source code, security audit reports, customer lists, or _____; or (b) Discloser describes it in writing in general terms, without disclosure, and Recipient consents in advance to receive it as Confidential Information. Except as set forth above in Subsection __ (a), information disclosed without such a summary and consent will not be considered Confidential Information.
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Notwithstanding Subsection __ (Confidential Information Defined), Confidential Information does not include any information incorporated into a Deliverable, unless the Statement of Work specifically authorizes confidential treatment or the parties agree in writing that it will be considered confidential.