definiens: as used herein, shall mean all information, trad e secrets, inventions, data, processes, or other records relating to a Party ’s business, financial a ffairs or operations, including but not limited to information related to business plans, technology, source code, product or service requirements, customers, pricin g, techniques and methods, which is either marked or i dentified as confidential or which the receiving pa rty knew or reasonably should have known, under the circumst ances, was confidential, whether disclosed in any t angible, electronic, visual or other medium . Confidential In formation shall also include all information, know- how, trade secrets, data ( technical or non - technical ) or other confidential information concerning the operations, projects, organization, business or finances of a Party or an y third party to which a Party owes a duty of confi dentiality, in whatever form, that a receiving Party learns, gener ates or acquires in conjunction with the performanc e of the services pursuant to this Agreement . All files, rec ords, documents, notes, or other items relating to or embodying Confidential Information that may be delivered to a receiving Party or to which a receiving Party may be granted access, shall remain the exclusive property of the Party disclosing such Confidential Information . Nei ther Party shall disclose to any third parties, including a cu stomer of the other Party, the existence or terms o f this Agreement