definiens: means ( a ) any information relating to this Agreement, including the terms and existence of this Agreement, and ( b ) all trade secrets, processes, formulae, data, know - how, improvements, inventions, chemical or biological materials, techniques, marketing plans, strategies, financial information, customer lists, organizational charts or other information or materials that have beenconceived, created, discovered, developed or reduced to practice by a Party or its Affiliate, and ( c ) any other information and materialsthat are confidential or proprietary to a Party ( including all such information and materials of any Third Party ), in each case, that aredisclosed by such Party or its Affiliate ( the ) to the other Party or its Affiliate ( the ), regardless ofwhether any of the foregoing are marked or, in each case, whether communicated to the Receiving Partyby the Disclosing Party in oral, written, graphic, or electronic form . Each Party will be considered a Receiving Party with respect to theterms and existence of this Agreement