definiens: mean any and all improvements made outside of the Program that, during the periodbeginning on the Effective Date and continuing until, and ending on, the [ * ] anniversary of the expiration of the ResearchTerm, are ( a ) licensed to a Third Party by [COMPANY] or its Affiliates, or ( b ) the subject of a release or covenant not to sueextended by [COMPANY] or its Affiliates to a Third Party, or ( c ) put into commercial practice by [COMPANY] or its Affiliates, or ( d ) thesubject of a patent application, provisional application, or like filing anywhere in the world filed by [COMPANY] or an Affiliate ofCodexis ; provided that, with respect to any provisional application, such provisional application is converted into a utilitypatent application . For purposes of clarification, in the event that a provisional application disclosing an improvement is filedby [COMPANY] or an Affiliate of [COMPANY] during the period described in this Section 1.26, and either ( i ) converted into a utilitypatent application after expiration of such period, or ( ii ) abandoned and, after expiration of such period, re - filed and thenconverted into a utility patent application, such disclosed improvement will be deemed to be a Commercial Improvement forpurposes of this Section 1.26