definiens: shall mean confidential information ( as defined in Article 14 ), tangible and intangible, and materials, including, but not limited to : pharmaceutical, chemical, physical, mechanical, biological and biochemical products ; technical and nontechnical data and information, and/or the results of tests, assays, methods and processes ; and drawings, sketches, plans, diagrams, specifications and/or other documents containing said information and data ; in each case that is Controlled by [COMPANY] or its Controlled Affiliates during the tenn of this Agreement and which ( i ) pertains to the development, manufacture, use or sale of Hydrogel Polymer or any New Polymer licensed to CibaiChiron pursuant to Section 2.4.3 or any Delivery Systems, or the application of Hydragel Polymer, New Polymer or Delivery Systems to the development, manufacture, use or sale of Products ; or ( ii ) is developed by [COMPANY] in the course of perfonning the Research or in performing its obligations under this Agreement