1. For the purposes of this Confidentiality Order: 

a. “Disputing Party” means either Eli Lilly and Company or the Government of Canada; 

b. “Confidential Information” means information designated by a Disputing Party as confidential on the grounds that it is: 

i. Business Confidential Information of a Disputing Party; 

ii. Business Confidential Information relating to a third party; 

iii. information otherwise protected from disclosure under the applicable domestic law of the disputing State party including, but not limited to, and as amended, Canada’s Access to Information Act, the Canada Evidence Act, and Canada’s Privacy Act; or 

iv. confidential information that is deemed to be financial, commercial, scientific or technical information supplied by third parties that has been treated as Confidential Information by those third parties. 

c. “Business Confidential Information” includes: 

i. trade secrets; 

ii. financial, commercial, scientific or technical information that is treated consistently in a confidential manner by the Disputing Party or third party to which it relates, including pricing and costing information, marketing and strategic planning documents, market share data, or detailed accounting or financial records not otherwise disclosed in the public domain; 

iii. information the disclosure of which could result in material financial loss or gain to the Disputing Party or third party to which it relates; 

iv. information the disclosure of which could interfere with contractual or other negotiations of the Disputing Party or third party to which it relates; or 

v. other communications treated as confidential in furtherance of settlement between the Disputing Parties. 

d. “Restricted Access Information” means Confidential Information within the meaning of paragraph 1(b) that is designated by a Disputing Party as restricted access on the grounds that the wider disclosure of the information in question to those otherwise permitted to see Confidential Information would give rise to a real risk of material prejudice to the Disputing Party to whom that information relates.