definiens: shall mean any and all information about the Company orrelating to the trade secrets of the Company and the Business, in each case whether or not disclosed to Seller or whether or not known bySeller as a consequence of or through its relationship with the Company, if in each case such information is not publicly available ( other thanthrough a breach by Seller of this Section 5.4(b ) ) . Seller acknowledges and agrees that the term includes allinformation regarding the following : trade secrets, intellectual property, products, services, drug formulations and manufacturing methods, human trial data, pre - clinical trial data, clinical trial data, client and partner lists ( including names, addresses and telephone numbers),purchasing criteria of the Company, business plans, methods and procedures, accounting data, compensation and human resourcesinformation, marketing strategies, new product and services developments, price lists and pricing strategies, contract forms, business andfinancial models, electronic and other files, and financial data regarding the Business and the Company . Buyer acknowledges and agrees thatprior to the Contribution, Seller and its officers, managers and employees worked in the Business and had access to Confidential Information;however, no such Person shall be deemed ( A ) to have been furnished or provided access to any Confidential Information in violation of thisSection 5.4(b ), or ( B ) to act at Seller ’s direction or on Seller ’s behalf, and Seller shall not be deemed to be acting indirectly through suchPerson, solely due to the prior role of any such Person with respect to the Business so long as such Person does not actually disclose or usethe Confidential Information in violation of this Section 5.4(b ) after the Closing