definiens: ) . 1.6 shall mean any and all data, material and/or information related to : ( i ) the terms of this Agreement including all Annexes etc ., ( ii ) information made available by one Party ( ) to the other Party ( ) in tangible such as w riting or other form including electronic, visual, oral or graphic form or as samples ( including but not limited to Party ’s Background Rights and Intellectual Property Rights, any technical information, research-, products-, personnel-, marketing-, strateg ic information or other information ), ( iii ) any data, material and information developed during the term of this Agreement, and ( iv ) any compound(s ) and/or material(s ) provided by one Party to the other pursuant to this Agreement, whether prior to or afte r the Effective Date and whether it is labelled or not, in the course of the Parties ' evaluation, negotiation of or performance under or in connection with this Agreement . There is no requirement to mark data, material and/or information as when exchanged between Parties, but this is a recommended best practice