definiens: means those Patents licensed to SGI pursuant to the Existing Third PartyAgreements ( a ) that claim a Licensed Product or the manufacture or use thereof or any other process or method to the extentthat such process or method is or was used by SGI or its Affiliates to Manufacture, Develop or Commercialize a LicensedProduct, or ( b ) that would be infringed by the manufacture, use, import, offer for sale or sale of a Licensed Product if not forthe licenses granted hereunder would be infringed by the manufacture, use, import, offer for sale or sale of a Licensed Productif not for the licenses granted hereunder . or in the case of pending patent applications, that, if issued, would be infringed bythe manufacture, use, import, offer for sale or sale of a Licensed Product if not for the licenses granted hereunder . The SGIThird Party Patent Rights existing as of the Effective Date are listed in Exhibit A