definiens: shall mean all propr ietary information, data and know - how of each Party, whether disclosed orally or visually or in written, graphic, electronic or other tangible form, which is disclosed by a Party or any of its Affiliates ( the ) to the other Party or any of it s Affiliates ( the ) or which the Rec eiving Party obtains in the course of its performance pursuant to this Agreement, and which : ( a ) if in written, graphic, electronic or other tangible form, is labeled as confidential or propri etary ; ( b ) if disclosed orally or visually, is iden tified as confidential or proprietary at the time of discl osure and is confirmed to be confidential or proprietary by the Disclosing Party in writing to t he Receiving Party within thirty ( 30 ) calendar days of such disclosure ; or ( c ) should reasonably be con sidered to be confidential or proprietary . With respect to Questcor, sha ll be deemed to also include ( i ) the Specifications ; ( ii ) the Questcor Technology ; and ( iii ) all busines s, financial and technical data of Questcor including, but not limited to information regarding Questcor ’s plans, plants, processes, products, costs, equipment, operations, marketing plans, fore casts, customers or suppliers . With respect to [COMPANY], shall be deem ed to also include ( i ) its manufacturing processes and practices ; ( ii ) the [COMPANY] technol ogy ; and ( iii ) all business, financial and technica l data of [COMPANY] including, but not limited to inf ormation regarding [COMPANY] ’s plans, plants, processes, products, costs, equipment, operations, marketing plans, forecasts, customers or suppliers