For purposes of this Agreed Order, "Confidential Information" means any nonpublic,commercially-sensitive information, including, but not limited to, information related to thebusiness affairs and strategies of Ross, that is disclosed in any manner (whether in written form,orally or through any electronic, facsimile or computer-related communication) to a Partypursuant to the Rule 2004 Order. For purposes of this Agreed Order, Confidential Informationalso shall include all estimates, analyses, notes, summaries, extracts and other materials anddocuments prepared by or for a Party or its Representatives based on or derived from, orcontaining, any Confidential Information. For purposes of this Agreed Order, a "Representative"shall mean, with respect to any person or entity, any of such person's or entity's officers, partners,employees, agents, representatives, consultants, accountants, experts, counsel of record orfinancial advisors who are acting on such person's or entity's behalf in connection with theDebtors’ chapter 11 bankruptcy case.2.
Inadvertent Failure To Designate or Inadvertent Designation. Any inadvertentfailure to designate Confidential Information as "CONFIDENTIAL" information shall notrelieve a Party or its Representatives from their obligations under this Agreed Order or bedeemed a waiver of any claim of confidentiality as to such matter. Furthermore, any inadvertentdesignation of information as "CONFIDENTIAL" shall not cause such information to be deemedConfidential Information if such information does not indeed constitute Confidential Informationas provided by this Agreed Order.3.
Any information which is designated as "CONFIDENTIAL" by Ross shallnot be disclosed other than to (i) in-house counsel of record for the Party to whom theinformation is sent, (ii) other professionals, such as financial advisors or investment bankers,