definiens: means all books, records, files, documents, data, information and correspondence related to the GestivaBusiness which are owned by the Parent, the Seller or their Subsidiaries, including, without limitation, all records with respect to supply sources ; allpre - clinical, clinical and process data and reports relating to research ordevelopment of products or of any materials used in the research, development, use, testing, manufacture, marketing or sale of products, including all rawdata relating to clinical trials of products, all case report forms relatingthereto and all statistical programs developed ( or modified in a mannermaterial to the use or function thereof ) to analyze clinical data ; all marketresearch data, market intelligence reports and statistical programs ( if any)used for marketing and sales research ; promotional, advertising and marketingmaterials, sales forecasting models, medical education materials, salestraining materials, web site content and advertising and display materials;all records, including vendor and supplier lists, manufacturing records, sampling records, standard operating procedures and batch records, related tothe manufacturing process ; all data contained in laboratory notebooks relatingto products or relating to their biological, physiological, mechanical orformula properties ; all adverse experience reports and files related thereto(including source documentation ) and all periodic adverse experience reportsand all data contained in electronic data bases relating to periodic adverseexperience reports ; all analytical and quality control data ; all writtencorrespondence with the FDA ; and written records relating to the regulatoryfilings with the FDA or its foreign counterparts, including, but not limitedto, the Gestiva FDA Submission . Notwithstanding the foregoing, the GestivaBooks and Records shall exclude any books, records, files, documents, data, information and correspondence relating to human resources or employees of theParent, the Seller and their Subsidiaries and in the case of any books, records, files, documents, data, information and correspondence also relatingto the other businesses or assets of the Parent, the Seller and theirSubsidiaries, the Seller shall have the right to exclude or redact the samewith respect to such other businesses and assets