definiens: shall mean a ll confidential and proprietary information of a Party ( whether or not specifically labeled or identified as whether disclosed directly or indirectly in writing, by oral communications, or by inspection or analy sis of samples, biomarkers, D NA, genes, cells, tissues, or other tangible object s, and in any form or medium ), including ( i ) the terms and conditions of this Agre ement and the Original Agreement, ( ii ) BRNI Data an d Licensed Technology, and ( iii ) other trade secrets, know - how, data, da tabases, analyses, techniques, technologies, systems, formulae, formulations, disc overies, research, development, actual or planned p re -clinical or clinical activities or trials ( and the results thereof ), records, reports, manuals, docume ntation, models, f iles, confidential inventions, innovations, improve ments, developments, methods, processes, designs, drawings, reports, documentation, prototyp es and all similar or related information, whether or not patentable