definiens: means all all trade secrets, processes, formulae, data, information, improvements, inventions, chemical or biological materials, chemical structures, techniques, marketing plans, strategies, customer lists, or otherinformation that has been created, discovered, or developed by a Party, or has otherwise become known to a Party, or to whichrights have been assigned to a Party, as well as any other information and materials that are deemed confidential or proprietaryto or by a Party ( including, without limitation, all information and materials of a Party ’s customers and any other Third Partyand their consultants ), in each case that are disclosed by such Party to the other Party, regardless whether any of the foregoingare marked or or communicated to the other by the disclosing Party in oral, written, graphic, orelectronic form . Any information or documents disclosed by a Party to the other Party that is subject to an ongoingconfidentiality obligation at the Execution Date shall be deemed the disclosing Party ’s Confidential Information under thisAgreement and shall be subject to the provisions of Article 9