definiens: means any information disclosed by either party to the other partyhereunder which involves the trade secrets of the disclosing party and would reasonably be considered tobe confidential . AERIE Confidential information shall include without limitation : ( i ) the structures, formulations, product composition and processes, Investigators ’ Brochure, protocols, communicationswith the United States Food and Drug Administration ( FDA ) and all information contained in AERIE’sInvestigational Exemption for a New Drug ( IND ), ( ii ) all information relating to the Product and API, and alllicenses, technology, processes and business plans relating to the Product and ( iii ) all notes, analyses, studies or other documents which contain or are based on the information or material described in ( i ) or(ii ) . Such information will be considered confidential under this agreement regardless of whether it ismarked or otherwise indicated as confidential . B&L Confidential Information shall include withoutlimitation : ( x ) all information owned by B&L and pertaining to B&L ’s manufacture of the Product, includingall plans, programs, processes, equipment, apparatuses, and all licenses and technology owned by B&Land pertaining to the manufacture of the Product and ( y ) all notes, analyses, studies or other documentsowned by B&L that contain or are based on the information or material described in ( x ), and in all eventsexcluding subject matter owned by AERIE pursuant to Article 18