definiens: means all confidential information of the disclosing person of whatever ty pe, including all information furnished by or on be half of [COMPANY] or Supernus ( as the case may be, ), its Affiliates or any of its or their respective Representatives, to the other party ( for purposes o f this Article 10, ), its Affiliates or any of its or their respective Representatives, whether furnished befor e, on or after the Effective Date and furnished in any form, including written, verbal, visual, electronic or in any other media or manner and information acquired by observation or otherwise during any site visit at t he other party ’s facility . Confidential Information includes all proprietary technologies, know - how, trade secrets, discoveries, inventions and any other Intellectual Property ( whether or not patented ), analyses, compilations, business or technical information and other materia ls prepared by either party, their respective Affiliates, or an y of its or their respective Representatives, conta ining or based in whole or in part on any Confidential Information fu rnished by Discloser, its Affiliates or any of its or their respective Representatives . Confidential Informatio n also includes the existence and terms of this Agr eement