definiens: shall mean and include, without limitation, such types of information as : inventions, methods, plans, processes, specifications, characteristics, raw data, analyses, equipment design, trade secrets, c osts, marketing, sales, and product performance information, including patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, stored or maintained electronically, magnetically or by other means, which ar e disclosed by the disclosing Party to the recipient Party in writing or in other tangible form and marked or, if disclosed orally ( or in some other non -tangible form ), are identified as confidential to the recipient Party in writing within sixty ( 60 ) days of such disclosure ; provided, however, that failure to reduce any verbal disclosure to writing shall not, in and of itself, vitiate the confidential nature of such Confidential Information and provided, further, that for the purposes of thi s Agreement, Confidential Information shall include any and all such information exchanged between the Parties prior to the Effective Date of this Agreement pursuant to the Confidentiality Agreement between the Parties dated July 24, 2006 . ” Section 10