definiens: shall mean ( x ) any confidential or proprietary information related to the Products and ( y ) any confidential or proprietaryinformation relating to the Disclosing Party ’s business, including without limitation trade secrets, processes, formulae, data and know - how, improvements, inventions, chemical or biological materials, techniques, methods for makingcompounds, target compounds, product development plans, marketing plans, strategies, customer lists or otherinformation that has been created, discovered or developed by the Disclosing Party, or has otherwise become knownto the Disclosing Party, or for which proper rights have been assigned to the Disclosing Party, as well as any other information and materials that are deemed confidential orproprietary to or by the Disclosing Party ( including, without limitation, all information and materials of the DisclosingParty ’s customers and consultants and any other third party ), regardless of whether any of the foregoing are markedas or or communicated to the Recipient by the Disclosing Party in oral, written, graphic orelectronic form