definiens: means subject to the exceptions in Section 5.2, all processes, formulae, data, Know -How, improvements, inventions, chemical or biological materials, chemical structures, techniques, reports, regulatory filings, correspon dence, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by a Party, or has otherwise become known to a Party, or to which rights have been assigned to a Party, as well as any other informatio n and materials that are deemed confidential or proprietary to or by a Party ( including all information and materials of a Third Party held by a Party or its Affiliates under an obligation of confidentiality to such Third Party ), in each case, that are dis closed by such Party or its Affiliates to the other Party or its Affiliates, regardless of whether any of the foregoing are marked or or communicated to the other by the disclosing Party in oral, written, graphic, or electronic form