definiens: means all know - how, trade secrets, technical information, specifications, data, formulae, intellectual property or software of a Party relating to or arising out of this Agreement including, withoutlimitation : ( a)all communications between the Parties or information of whatever kind whether recorded or not and, ifrecorded, in whatever medium, relating to or arising out of the Product Development Plan, the Design & Development Program, the Improvements, the [COMPANY] Patent Rights, the [COMPANY] Patent Rights, the ElancoInventions, [COMPANY] Inventions, [COMPANY] Technology, [COMPANY] Technology or this Agreement, whether disclosedprior to or after entering into this Agreement ; ( b)any information that the Party indicates in writing is information of a confidential nature or which is marked ; and ( c)all copies and excerpts of the communications, information, notes, reports and documents in whatever formreferred to in paragraph ( a ) or ( b ) of this definition