definiens: means the provisions of this Agreement, RELYPSA Information, Discoveries, RELYPSA Intellect ual Property and LANXESS Intellectual Property and all information disclosed by one Party to the other Party hereunder, which information, whether in written, graphic or electronic form, is marked confidential by the disclosing Party or, if oral, is reduced to writing and marked confxxxxtial or a sim ilar designation by the disclosing Party within thi rty ( 30 ) days of the oral disclosure, provided however, that ( i ) a Party ’s failure to mark information as confidential or with a similar designation or to re duce such oral information to writing shall not dis qualify such information from being Confidential Informatio n to the extent a reasonable person would in good faith consider such orally disclosed information to be proprietary and/or confidential, ( ii ) all discu ssions between members of the Steering Committee and the O ST shall be deemed to be Confidential Information