definiens: shall mean any and all technical data, information, materials or other know - how including trade secrets presently owned by, or developed by or on behalf of either Party and/or its Affiliates, including any information relating to the development, manufacture, promotion, marketing, distribution, sale or use of, Product, and any and all financial data and information relating to business of either of the Parties and/or of their Affiliates, which a Party and/or its Affiliates discloses to the other Party and/or its Affiliates in writing and identifies as being confidential, or if disclosed orally, visually or through some other media, is identified as confidential at the time of disclosure and is summarized in writing within thirty ( 30 ) days of such disclosure and identified as confidential, except any portion thereof which : ( a ) is known to the receiving Party and/or its Affiliates at the time of disclosure, as evidenced by its written records ; 2 ..