definiens: as used herein, shall mean all infonnation, trade secrets, inventions, data, processes, or other records relating 10 a Party 's business, finrulciai affairs or operations, including but not limited to infOlmation related to business plans, technology, source code, product or service requirements, customers, pricing, techniques and metIlOds, which is either marked or identified as confidential or which the receiving party knew or reasonably should have known, under the circumstances, was confidential, whether disclosed in any tangible, electronic, visual or other medium . Confidential Information shall also include all information, know - how, trade secrets, data ( technical or non - technical ) or other confidential information conceming the operations, projects, organization, business or finances of a Patty or any third patty to which a Party owes a duty of confidentiality, in whatever fonn, that a receiving Patty leams, generates or acquires in conjunction with the perfonnance of the services pursuant to this Agreement . All files, records, docmnents, notes, or other items relating to or embodying Confidential Infonnation that may be delivered to a receiving Party or to which a receiving Paliy may be granted access, shall remain the exclusive property of the Party disclosing .