definiens: means all confidential or proprietary information, data and know - how of a Party, whether disclosed orally or visually or in written, graphic, electronic or other tangible form, which is disclosed by or on behalf of such Party or any of its Affiliates ( the ) to the other Party or any of its Affiliates ( the CONFIDENTIAL ) or which the Receiving Party obtains in the cour se of its performance pursuant to this Agreement, and which : ( a ) if in written, graphic, e lectronic or other tangible form, is labeled as con fidential or proprietary ; ( b ) if disclosed orally or visually, i s 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 . Confidential Information of PhaseBi o shall include : ( i ) any information relating to Ph aseBio ’s product plans, specifications, designs, costs, pric es and names, finances, marketing plans, business o pportunities, personnel, research, development and Intellectual P roperty, regardless of when such information was re vealed or disclosed ; ( ii ) [COMPANY] Manufacturing Know - How, Ph aseBio Materials, [COMPANY] Developed Intellectual Property and the Specifications ; and ( iii ) Wacker C onfidential Information . Confidential Information o f [COMPANY] shall include : ( i ) any information relating to BioV ectra ’s product plans, specifications, designs, cos ts, prices and names, finances, marketing plans, business opportun ities, personnel, research, development and Intelle ctual Property, regardless of when such information was r evealed or disclosed ; and ( ii ) [COMPANY] Manufactur ing Know - How . The terms and conditions of this Agreement wil l be treated as the Confidential Information of bot h Parties