definiens: shall mean all proprietary information, data and know - how of each Party, whether disclosed orally or visually or in written, graphic, electronic or other tangible form, which is disclosed by a Party or any of its Affiliates ( the ) to the other Party or any of its Affiliates ( the ) or which the Receiving Party obtains in the course of its performance pursuant to this Agreement, and which : ( a ) if 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 Party in writing to the Receiving Party within thirty ( 30 ) calendar days of such disclosure ; or ( c ) by its nature, should reasonably be considered to be confidential or proprietary . With respect to Questcor, shall be deemed to also include ( i ) the Specifications ; ( ii ) the Questcor Technology ; and ( iii ) all business, financial and technical data of Questcor such as information regarding Questcor 's plans, plants, processes, products, costs, equipment, operations, marketing plans, forecasts, customers or suppliers . With respect to [COMPANY], shall be deemed to also include ( i ) its manufacturing processes and practices ; ( ii ) the [COMPANY] technology ; and ( iii ) all business, financial and technical data of [COMPANY] such as information regarding [COMPANY] 's plans, plants, processes, products, costs, equipment, operations, marketing plans, forecasts, customers or suppliers