definiens: as used in this AGREEMENT means all trade secrets, processes, methods, formulae, data, know - how, improvements, inventions, chemical structures, materials, technologies, techniques, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by a PARTY or itsAFFILIATES, or has otherwise become known to a PARTY or its AFFILIATES, or to which rights have been assigned to aPARTY or its AFFILIATES, as well as any other information and materials that are deemed conﬁdential to or by a PARTYor its AFFILIATES ( including without limitation all information and materials embodying such information of a PARTY'scustomers and any other third party and their consultants ), in each case that are disclosed or communicated by suchPARTY to the other PARTY under this Agreement . If the CONFIDENTIAL INFORMATION is disclosed orally, visually or inother intangible form, it shall be identified as confidential at the time of disclosure and reduced to a written summary indicating that it is CONFIDENTIAL INFORMATION delivered to the Receiving Partywithin [ * * * ] days after such disclosure