definiens: of a Party means ( a ) all non - public or proprietar y information and data ( including clinical data, technology, trade se crets, design specifications, dossiers, manufacturi ng formulae, manufacturing procedures and instructions, methods and processes, formats, designs, applications and p rograms, raw material supply arrangements, projections, pres criber and target data, pharmacy data, sales data, analyses, rebate agreements, promotion plans, detailing infor mation, financial statements, customer and target l ists, marketing plans, budgets, Third Party contracts, ma rket research data, pricing, reimbursement and cost s relating to the Product ) that is disclosed by or on behalf o f such Party or any of its Affiliates to the other Party, any of its Affiliates or any of their respective employees, ag ents or contractors pursuant to or in connection wi th this Agreement and ( b ) any other non - public or proprieta ry information and data that is expressly deemed in this Agreement to be Confidential Information of such Pa rty, whether or not disclosed by or on behalf of su ch Party to the other Party, any of its Affiliates or any of th eir respective employees, agents or contractors, in each case ( ( a ) and ( b ) ) without regard to whether any of the foreg oing is marked or or in oral, written, graphic or electronic form