definiens: shall mean all proprietary or confidential information disclosed to a Party ( including in respect of FMCH to each FMCH Purchaser ) by or on the behalf of the other Party in connection with the performance of this Agreement and indicated in writing as ( or, if disclosed orally, is reduced to a written summary that is delivered to the other Party within thirty ( 30 ) days of such disclosure with the indication that it is ) ; provided, however, that if such information is actually known by a Party to be confidential or is otherwise of a Agreement # 920110050 Page 16 ACIS 10518 patently confidential nature, the Parties shall treat such information as Confidential Information regardless of whether it is indicated in writing as The Parties agree that the existence and material terms of this Agreement, including the Discounts and their structure or criteria, shall be considered Confidential Information of both Parties . The Parties acknowledge that this Section 10.3 is considered material for purposes of Section 9.2