definiens: means, other than information described in Section 9.1.2, all business and technical information, including third party information, in whatever form or manner presented, which is : ( a ) disclosed by or on behalf of a party ( the ) to the other party ( the ) or learned or observed by the Receiving Party before or during the term of this Agreement ; and ( b ) disclosed during any discussions and proceedings relating to any of the foregoing information, whether disclosed in oral, electronic, visual, written or any other form . shall include all information of the Disclosing Party that the Disclosing Party would consider confidential or proprietary under the circumstances . The fact that the Disclosing Party may have marked or identified as confidential or proprietary any specific information shall be indicative that such Disclosing Party believes such information to be confidential or proprietary, but the failure to so mark information shall not determine that such information is or is no t considered confidential information by such Disclosing Party