definiens: means, with respect to a Party, all proprietaryinformation of any kind whatsoever ( including without limitation, data, compilations, formulae, models, patent disclosures, procedures, processes, projections, protocols, results ofexperimentation and testing, specifications, strategies, techniques and all non - public intellectualproperty rights ) relating to such Party or its business ( including without limitation ilzformationabout Manufacturer 's or Distributor 's business practices and methods in connection with themanufacture, distribution or sale of authorized generics or other products ), and all tangible andintangible embodiments thereof of any kind whatsoever ( including without limitation, apparatus, compositions, documents, drawings, machinery, patent applications, records and reports ), that(a ) is disclosed by such Party to the other Party and is marked, disclosed, identified or otherwiseacknowledged ~o be confidential at the tune of disclosure to the other Party or ( b ) is information, however disclosed, which a reasonable person in the industry would consider to be confidentialand proprietary information of the other person .. This Agreement and the teens and conditionshereof shall be considered both Manufacturer 's and Distributor 's