definiens: means all trade secrets, processes, formulae, data, know - how, improvements, inventions, chemical or biological materials, techniques, marketing plans, z7 57 5 I OO20 I TDOCS I 249 @83 . ICONFIDENTIALstrategies, customer lists, or other iniormation that has been created, discovered, or developed bya Party or its Affiliates, or has otherwise become known to a Party or its Affiliates, or to whichrights have been assigned to a Party or its Affiliates, as well as any other information andmaterials that are deemed confidential or proprietary to or by a Party or its Affiliates ( includingall information and materials of a Party 's customers and any other Third Party and theirconsultants ), in each case that are disclosed by such Party or its Affiliates to the other Party or itsAffiliates, regardless of whether any of the foregoing are marked or or corlmunicated to the other by the disclosing Party or its Affiliates in oral, written, graphic, orelectronic form, whether before the Effective Date pursuant to the CDA, or otherwise or after theEffective Date