definiens: means all proprietary information, trade secrets, techniques and data ( including Confidential Information ) of a Party that are owned, controlled or 144295 4 licensed by such a Party as of the Effective Date or thereafter duIing the term of this Agreement, including but not limited to, discoveries, formulae, materials, practices, methods, knowledge, processes, experience, test data ( including pharmacological, toxicological and clinical information and test data ), analytical and quality control data, marketing, pricing, distribution, cost and sales data or descriptions . Know - How may be made prior to the Effective Date or after the Effective Date whether or not during the course of, in furtherance of, and as a direct result of the activities of one or more Parties hereunder . Know - How may be made by employees of Lexicon, solely or jointly with a Third Person, by employees of [COMPANY], solely or jointly with a Third Person, or jointly by employees of Lexicon and [COMPANY], alone or together with a Third Person