definiens: means ( i ) this Agreement and the terms hereof, ( ii ) all information marked confidential, proprietary or with a similar legend by either Party, and ( iii ) any other information that is treated as confidential by the disclosing Party and would reasonably be understood to be confidential, whether or not so marked ( which shall include information treated or defined as confidential under the Ascension Health Privacy Policy in Exhibit 8, Software, Developed Materials, Ascension Health Data, Personal Data, Authorized User information, attorney - client privileged materials, attorney work product, Ascension Health lists, Ascension Health contracts, Ascension Health information, rates and pricing, information with respect to competitors, strategic plans, account information, research information, information that contains trade secrets, financial / accounting information, human resources / personnel information, marketing / sales information, contact information, information regarding businesses, plans, operations, mergers, acquisitions, divestitures, third party contracts, licenses, internal or external audits, law suits, arbitrations, mediations, regulatory compliance or other information or data obtained, received, transmitted, processed, stored, archived, or maintained under this Agreement )