definiens: means all Know - How, trade secrets, technical info rmation, specifications, data, formulae, intellectual proper ty, software or other information of a Party that i s confidential or Proprietary and is disclosed by such Party to th e other Party or otherwise received or accessed by the other Party in the course of performing its obligations o r exercising its rights under this Agreement, inclu ding : 1.25.1 all communications between the Parties or informati on of whatever kind whether recorded or not and, if recorded, in whatever mediu m, relating to or arising out of this Agreement, wh ether disclosed prior to or after entering into this Agre ement ; 1.25.2 any information that the Party indicates in writing is information of a confidential nature or which is marked ; and 1.25.3 all copies and excerpts of the communications, info rmation, notes, reports and documents in whatever form referred to in Section 1 .25.1 or 1.25.2 of this definition