definiens: as used herein, shall mean all information, trade secrets, inventions, data, processes, or other records relating to aParty ’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 identifiedas confidential or which the receiving Party knew or reasonably should have known, under the circumstances, wasconfidential, whether disclosed in any tangible, electronic, visual or other medium . Confidential Information shall alsoinclude all information, know - how, trade secrets, data ( technical or non - technical ) or other confidential informationconcerning the operations, projects, organization, business or finances of a Party or any third party to which a Party owes aduty of confidentiality, in whatever form, that a receiving Party learns, generates or acquires in conjunction with theperformance of the services pursuant to this Agreement . All files, records, documents, notes, or other items relating to orembodying Confidential Information that may be delivered to a receiving Party or to which a receiving Party may be grantedaccess, shall remain the exclusive property of the Party disclosing such Confidential Information . Neither Party shall discloseto 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 [COMPANY] Center shall be deemed to be the Confidential Information of Buyer from and afterthe consummation of the acquisition of such [COMPANY] Center by Buyer . On either Party ’s request upon the termination orexpiration of this Agreement, the other Party shall immediately : ( i ) stop using the Confidential Information of the requestingParty ; ( ii ) return all materials provided by the requesting Party that contain Confidential Information of the requesting Party, except for one copy that may be retained by the other Party ’s legal counsel to confirm compliance with the obligations underthis Agreement ; ( iii ) destroy all copies of Confidential Information of the requesting Party in any form, including materialsprepared by or for the other Party and Confidential Information contained in computer memory or data storage apparatus ormaterials prepared by or for Seller ; and ( iv ) provide a written confirmation to the requesting Party that such other Party hastaken all the foregoing actions