definiens: shall mean any and all data, material and/or information related to : ( i ) the ter ms of this Agreement including all Annexes etc ., ( ii ) informat ion made available by one Party ( ) to the other Party ( ) in tangible such as w riting or other form including electronic, visual, oral or graphic form or as samples ( including but not limited to a Party ’s Background Rights and Intellectual Property Rights, any technical information, research -, products -, personnel -, marketing-, strat egic information or other information ), ( iii ) any data, material and information developed during the term of this Agreement, and ( iv ) any compound(s ) and/or material(s ) provided by one Party to the other purs uant to this Agreement, whether prior to or af ter the Effective Date and whether it is labelled or not, i n the course of the Parties ' evaluation, negotiation of or perfo rmance under or in connection with this Agreement . There i s no requirement to mark data, material and/or informati on a s when exchanged between Parties, but this is a recommended best practice