definiens: means all proprietary information disclosed by, or on behalf of, the Disclosing Party to Reci pient Party ( each as defined in Section 10.1 ) relat ing to this Agreement and is either ( a ) identified as at the time of disclos ure or ( b ) the type of information ordinarily identified as confidential, and includes : ( I)information disclosed in writing, orally or by a ny other means ; ( II)information disclosed before, after or on the d ate of this Agreement ; and ( iii)information relating to the Disclosing Party ’s operations, processes, plans, intentions, production information, know how, data, formulae, expertise, methodology, drawin gs, specifications, design rights, trade secrets, marke t opportunities and business affairs, and any new and novel combinations thereof, the confidentiality and use of which is governed ac cording to the provisions of Section 10