definiens: as used herein, shall mean all information, trade secrets, inventions, data, processes, or other records relating to a Party 's business, financial affairs or operations, including but not limited to information related to business plans, technology, source code, product or service requirements, customers, pricing, techniques and methods, which is either marked or identified as confidential or which the receiving Party knew or reasonably should have known, under the circumstances, was confidential, whether disclosed in any tangible, electronic, visual or other medium . Confidential Information shall also include all information, know - how, trade secrets, data ( technical or non - technical ) or other confidential information concerning the operations, projects, organization, business or finances of a Party or any third party to which a Party owes a duty of confidentiality, in whatever fonn, that a receiving Party learns, generates or acquires in conjunction with the performance of the services pursuant to this Agreement . All files, records, documents, notes, or other items relating to or embodying Confidential Information that may be delivered to a receiving Party or to which a receiving Party may be granted access, shall remain the exclusive property of the Pruty disclosing such Confidential Information . Neither Party shall disclose to any third parties, including a customer of the other Party, the existence or terms of this Agreement . For purposes of clarity, all information relating to any New Center shall be deemed to be the Confidential InfOlmation of Buyer from and after the consummation of the acquisition of such New Center by Buyer