definiens: shall mean any and all information, including but not limited to, clinical, analytical and/or scientific data, reports, processes, procedures, methods, formulations, inventions, and/or trade secrets relating to products developed pursuant to this Agreement and any other non - public information disclosed by a party ( the ) to the other party ( the ) pursuant to this Agreement of any kind, nature or description concerning any matters affecting or relating to the business of the Receiving Party . Confidential Information also includes, but is not limited to, trade secrets, ideas, inventions, research and development work, work - in - process, products, methods, procedures, technology, computer software, databases and programming, test data and data files, know ~ how, designs, specifications, programs, standard operating procedures, policies, guidelines, processes, formulations and unpublished data, personnel, staffing, cost, profit, marketing, sales, engineering and manufacturing data and information, patient, customer, supplier and investigator lists and data, and proposals and contracts ( including specifically this Agreement ), salary structure / compensation information, pricing strategies, budgets and other related data, fmancial information and projections, services, techniques and any other information which, if divulged to a third party, could have an adverse impact on the Disclosing Party, or on any third party to which such Disclosing Party owes a confidentiality obligation . However, Confidential Information shall not include information that ( i ) is or becomes generally publicly available through no fault of a party to this Agreement ; ( ii ) the Receiving Party can prove was known to the Receiving Party prior to the disclosure of the information by the Disclosing Party ; or ( iii ) is required to be disclosed by court order or CONFIDENTIAL -2 - 1 ~ PH/2012865 .2 applicable law, provided that the Receiving Party shall use its best efforts to limit such disclosure and to obtain confidential treatment or a protective order for such Confidential lnformation