definiens: means information not generally known outside the disclosing party and/or any of its Affiliates(collectively, the ) ( unless as a result of a breach of any of the non - disclosing party ’s and/or any of itsAffiliates’(collectively, the ) obligations imposed by this Agreement ) or which is identified asconfidential by the Disclosing Party to the Non - Disclosing Party concerning the Disclosing Party ’s business and technicalinformation, whether in written, computerized, oral, tangible or intangible or other form, including : ( a ) the terms andprovisions of this Agreement, ( b ) any and all trade secrets concerning the business, customers and affairs of the DisclosingParty, product specifications, data, know - how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and plannedmanufacturing and distribution methods and processes, customer lists, current and anticipated customer requirements, pricelists, market studies, business plans, clinical practices and patient protocols, computer software and programs ( includingobject code and source code ), database technologies, systems, improvements, devices, discoveries, concepts, methods, andinformation of the Disclosing Party and any other information of the Disclosing Party, however documented, that is a tradesecret under applicable law, ( c ) any and all information concerning the business and affairs of the Disclosing Party, includinghistorical financial statements, financial projections and budgets, rebates, discounts, payment terms, pricing, historical andprojected sales, capital spending budgets and plans, contractual arrangements, the names and background of key personnel, contractors, agents, customers, suppliers and potential suppliers, personnel training and techniques and materials, purchasingmethods and techniques, however documented, ( d ) the names and addresses, records and charts and any other informationconcerning the Disclosing Party ’s patients, and ( e ) any and all notes, analysis compilations, studies, summaries and othermaterials prepared by or for the Disclosing Party containing or based, in whole or in part, upon any information included inthe foregoing