premise: Each Party receiving Confidential Information (as defined below) (each, a "Recipient," and together, the "Recipients"), is receiving confidential disclosure of certain confidential or proprietary technical, business, operational, financial and/or commercial information, trade secret information and/or any information of the other designated as “Confidential”, “Proprietary” or by similar designation, or which under the circumstances surrounding disclosure ought to be treated as confidential ("Confidential Information") for the purpose of exploring, establishing, performing or carrying out a contractual business relationship for the production by the Producer of the Commercial and/or other commercial productions for the Client (collectively and severally, the “Transaction").  Each disclosing Party (each a "Discloser") would not disclose its Confidential Information without the Recipient's agreement to maintain the Confidential Information in confidence and to use such Confidential Information solely as permitted under this Agreement.  Confidential Information can be in any form (e.g. electronic, digital, analog, hard copy or oral).  Nothing in this Agreement shall require a Party to disclose its Confidential Information. Specifically, with respect to the Producer, the term “Confidential Information” includes confidential and proprietary information of Producer disclosed in connection with the Transaction (during each phase including pre-production, conference(s), pre-bid, bid, production, shoot, wrap and post-production) and regardless of whether a commercial production project is awarded to Producer, including, but not limited to, production costs, discounts, bids, budgets, treatments, prices, relationships with employees, independent contractors and vendors, specifications, sources, layouts, breakdowns, approach to a commercial project, financial and technical information, ideas, designs, specifications, techniques, models, data, programs, processes, technologies and methods of producing the work, all customized terms of, and attachments to, the Producer’s bid/specification form or production contract or other production documents, processes, know-how, customer lists, marketing plans, systems and reports, and information discussed by Producer at any Agency or Client meetings.