definiens: means with respect to each Party in its capacity as a disclosingparty ( collectively, and each a ) any information disclosed to theother Party ( the ) ( in any form, tangible or intangible ), including, without limitation, information concerning or relating to any business plans, products, trade secret processes ormethodologies, intellectual property, design specifications, finances, customers, suppliers, employees, operation and/or business, technical documents and other proprietary rights and information ; which : ( a ) isidentified by the Disclosing Party at the time of disclosure as being of a confidential nature or that ismarked as confidential ; or ( b ) would lead a reasonable person, under the circumstances, to understandthat such information is confidential or proprietary in nature, regardless of whether so marked ; andprovided further, that, regardless of whether so marked, all information regarding SAFC 's operations, methods, and pricing disclosed by SAFC to Company in connection with this Agreement shall be deemed of SAFC and all API, API structure, Specifications, related documents, materials, raw materials, product, product specifications, processes, operations, methods, Master BatchRecord, and all and any other documentation, information, templates, and biological, chemical or othermaterials furnished to SAFC by or on behalf of Company or developed in the course of ManufacturingAPI other than SAFC Property ( collectively, with all associated intellectual property rights ) shall bedeemed of the Company . For clarification, Company will not receive the originalof the Master Batch Record