definiens: means the terms of this Agreement and all dlHa and information of a confidential and proprietarv nature disclosed ( whether in writing or orally ) bv or on behalf of the Disclosing Part\ ' to the Receiving Party and relating to the business of the Disclosing Party or its Affiliates in any way whatsoever, including, but not limited to, information and data relating to business operations, methods of operating, customer information and affairs, processes, personnel and including financial, production, scientific and technical data and information, formulae, studies, reports, evaluations, submissions to, correspondence with, notices to and from and approvals, certifications and authorizations by any governmental or regulaton ' bod v or authority.1 1.12 ' · CoverCovered, or ) that the developing, making, using, offering for sale, promoting, selling or importing of a given compound, formulation or product would infringe a Valid Claim in the absence of a license under the Patent Rights to which such Valid Claim pertains