definiens: shall mean ( i ) the provisions of this Agreement, the otherTransaction Documents and any other agreements, documents or instruments delivered inconnection with, or the substance of any discussions or communications among the Partiesregarding, the transactions contemplated hereby and thereby and ( ii ) all non - public informationregarding the Parties, including but not limited to all information acquired by each Party withrespect to the other Party in connection with this Agreement and the other TransactionDocuments and the transactions contemplated hereby and thereby that has not been disclosed tothe public, and including but not limited to all information with respect to Buyer ’s or Seller’spresent or future business, operations, services, research, inventions, discoveries, drawings, designs, plans, processes, models, technical information, facilities, methods, trade secrets, copyrights, software, source code, systems, patents, procedures, manuals, specifications, anyother intellectual property, confidential reports, price lists, pricing formulas, customer lists, financial information ( including the revenues, costs, or profits associated with any of Buyer ’s orSeller ’s services ), business plans, lease structure, projections, prospects, opportunities orstrategies, acquisitions or mergers, advertising or promotions, personnel matters, legal matters, any other confidential and proprietary information, and any other information not generally knownoutside Seller or Buyer that may be of value to Buyer or Seller but excluding any informationalready properly in the public domain