definiens: means the minimum quantitie s as set forth 111 Section 4.2 and Exhibit 111 . ] L11:1C1J7ItH - I - I, g CONFIDENTIAL 23 CONFIDE NTIAL means [ any Third Party which, by itself or through any of its Affiliate s, is engaged or otherwise panicipating in any business or other activity involving the manufacture for commercial sale or distribution of products that compele with ProdUCh . J 11/(/(;011 " means all data and information of a confidential or proprietary nature, including know - how and trade secrets relating to the business, the affairs and the products of OJ Party . Confidential Information may be communicated orally, in writing or in any other recorded or tangible form . Data and information shall be considered to be Confidential Information, ( a ) if a Pany has advised the receiving Party of such confidential nature . or ( b ) ir, due to such character or nature, a reasonable person in a like position and under like circumstances as the receiving Party would treat such as secret and confidential