definiens: shall mean and include without limitation inventi ons, methods, plans, processes, specifications, characte ristics, raw data, analyses, equipment design, trad e secrets, costs, marketing, sales, and performance informatio n, including patents and patent applications, grant applications, notes, and memoranda, whether in writ ing or presented, stored or maintained electronical ly, magnetically or by other means, which are disclosed by the disclosing Party to the recipient Party in writing or in other tangible form and whether or not marked ; provided, that, if disclosed orall y ( or in some other non - tangible form ), the disclosing Party shall use reasonable efforts to identify such info rmation as confidential to the recipient Party in writing w ithin sixty ( 60 ) days of such oral disclosure but the failure to so mark information shall not affect its treatment as Confidential Information if it is reasonably cle ar that the information is commercially sensitive