definiens: means all know -how ( and all tangible and intangible embodiments thereof ) and all other secret, confidential or proprietary information, data or materials, whether in written, oral, graphic, video, computer or other form, which is disclosed or made available by a Party or an Affiliate of such Party to the other Party or an Affiliate of such other Party pursuant to this Agreement ( including Confidential Information disclosed pursuant to the DMSA ) or which is observed by a Party or an Affiliate of such Party at the other Party ’s facilities ( including in connection with any audit or regulatory process conducted pursuant to this Agreement ) or which arises as a result of this Agreement, and which : ( a ) if disclosed in written, graphic, electronic or other tangible form, is labeled as confidential or proprietary, ( b ) if disclosed orally or visually, is identified as confidential or proprietary at the time of disclosure and is confirmed to be confidential or proprietary by the disclosing Part y in writing to the Receiving Party within [ * * ] of such disclosure, or ( c ) by its nature, should reasonably be considered to be confidential or proprietary . Confidential Information of Customer includes business, technical and financial data, know -how and trade secrets concerning the Customer Provided Materials, the Drug Substance, the Drug Product, Customer Technology, and New Customer Technology