definiens: ) . 1.6 shall mean any and all data, material and/or information related to : ( i ) the terms of thi s Agreement including all Annexes etc ., ( ii ) information made available by one Party ( ) to the other Party ( ) in tangible such as writing or other form including electronic, visual, oral or graphic form or as samples ( inc luding but not limited to Party ’s Background Rights and Intellectual Property Rights, any technical information, research-, products-, personnel-, marketing-, strategic information or other information ), ( iii ) any data, material and information developed d uring 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 after the Effective Date and whether it is label led or not, in the course of th e 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