definiens: means the t erms of this Agreement ( but not its existence ) and all trade secrets, know - how and other proprietary confi dential information of a Party or its Affiliates, l icensees or sublicensees ( including, without limitation, techni cal, business, financial and market information, pa tent disclosures, patent applications, structures, model s, techniques, formulae, processes, compositions, c ompounds, antigens, antibodies, hybridomas, apparatus, design s, sketches, photographs, plans, drawings, specific ations, samples, reports, customer lists, price lists, stud ies, findings, inventions and ideas ) disclosed by e ither Party or their Affiliates, licensees or sublicensees or obta ined through observation or examination of the othe r ’s information or developments, but only to the extent that such information is maintained as confidentia l by the Party, Affiliate, licensee or sublicensee providing same and provided that, Confidential Information s hall only include information that is either marked as or that, due to the nature of the informat ion, the receiving Party, Affiliate, licensee or sublicensee should reasonably know that it is confidential