definiens: shall mean and include, without limitation, such types of information as : inventions, methods, plans, processes, specifications, characteristics, raw d ata, analyses, equipment design, trade secrets, costs, m arketing, sales, and product performance informatio n, including patents and patent applications, grant ap plications, notes, and memoranda, whether in writin g or presented, stored or maintained electronically, mag netically or by other means, which are disclosed by the disclosing Party to the recipient Party in writing or in other tangible form and marked or, if disclosed orally ( or in some other non - tangible for m ), are identified as confidential to the recipient Party in writing within sixty ( 60 ) days of such disclosure ; provided, however, that failure to reduce any verba l disclosure to writing shall not, in and of itself, vitiate the confidential nature of such Confidentia l Information and provided, further, that for the pur poses of this Agreement, Confidential Information s hall include any and all such information exchanged betw een the Parties prior to the effective date of this Agreement pursuant to the Confidentiality Agreement between the Parties dated July 24, 2006 . ” To signify your acceptance of this Amendment, kindl y countersign and return one copy to my attention