definiens: shall mean and include, without limitation, su ch types of information as : inventions, methods, plans, processes, specifications, characteristics, raw d ata, analyses, equipment design, trade secrets, costs, marketing, sales, and product performance information, includi ng patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, st ored or maintained electronically, magnetically or by other means, which are disclosed by the disclosing Party to the recipient Party in writing or in other tangible for m and marked or, if disclosed orally ( or in some other non - tangible form ), are identified as confide ntial to the recipient Party in writing within sixt y ( 60 ) days of such disclosure ; provided, however, that failure to reduce any verbal disclosure to writing shall not, in and of itself, vitiate the confidential nature of such Con fidential Information and provided, further, that f or the purposes of this Agreement, Confidential Information shall i nclude any and all such information exchanged betwe en the Parties prior to the Effective Date of this Agreeme nt pursuant to the Confidentiality Agreement betwee n the Parties dated July 24, 2006 . ” Section 10