definiens: means either or both : ( a ) all Information ( excluding any Patents ) Controlled byExelixis, including Information Controlled jointly with [COMPANY], as of the Effective Date or during the term of thisAgreement, that ( i ) [ * ] for [COMPANY] to develop, manufacture or commercialize a Diagnostic Product and ( ii ) wasdeveloped by [COMPANY] prior to the Effective Date or pursuant to this Agreement ; and ( b ) all Patents that are Controlledby [COMPANY], including Patents Controlled jointly with [COMPANY], as of the Effective Date or at any time during theterm of this Agreement, to the extent such Patents ( i ) claim an invention made by [COMPANY] prior to the Effective Dateor pursuant to this Agreement and ( ii ) ( 1 ) Cover a Diagnostic Product ; [ * ] for [COMPANY] to develop, manufacture orcommercialize any Diagnostic Product