definiens: means information not ge nerally known outside the disclosing party or any of its Affiliates ( collectively, the ) ( unless as a result of a breach of any of the non - disclosing party ’s or any of its Affiliates’(co llectively, the ) obligatio ns imposed by this Agreement ) or which is identified as confid ential by the Disclosing Party to the Non - Disclosin g Party concerning the Disclosing Party ’s business and tech nical information, whether in written, computerized, oral, tangible or intangible, or other form, including : ( a ) the terms and provisions of this Agreement, ( b ) any and all trade secrets concerning the business, customers, a nd affairs of the Disclosing Party, product specifi cations, data, know - how, formulae, compositions, processes, design s, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current, and planned re search and development, current and planned manufac turing and distribution methods and processes, customer li sts, current and anticipated customer requirements, price lists, market studies, business plans, clinical pra ctices and patient protocols, computer software and programs ( including object code and source code ), database t echnologies, systems, improvements, devices, discov eries, concepts, methods, and information of the Disclosin g Party and any other information of the Disclosing Party, however documented, that is a trade secret under ap plicable law, ( c ) any and all information concernin g the business and affairs of the Disclosing Party, inclu ding historical financial statements, financial pro jections and budgets, rebates, discounts, payment terms, pricing, historical and projected sales, capital spending budgets and plans, contractual arrangements, the names and back ground of key personnel, contractors, agents, custo mers, suppliers, and potential suppliers, personnel train ing and techniques and materials, purchasing method s and techniques, however documented, ( d ) the names and a ddresses, records and charts, and any other informa tion concerning the Disclosing Party ’s patients, and ( e ) any and all notes, analysis compilations, studies, summaries, and other materials prepared by or for the Disclosi ng Party containing or based, in whole or in part, upon any information included in the foregoing