definiens: means a Third Party ( a ) either ( i ) from whom AFFIMED in - licenses a target or, solely as provided for under Section 2.6, the variable domains of a ScFv subsequently incorporated into a Tandab orFlexibody for development and/or commercialization or ( ii ) with whom AFFIMED shares the economic risk ofdevelopment or commercialization of a target or Immunoglobulin being developed or commercialized on behalf ofAFFIMED and ( b ) who, pursuant to the terms of a bona fide written collaboration agreement, in the AFFIMED Field, engages in Research with AFFIMED, is the intended recipient of a Licensed Immunoglobulin or LicensedImmunoglobulin Information transferred from AFFIMED or is the party in a collaboration relating to one or moreTandabs who will develop, distribute or sell such Tandab(s ) subject to Article 3 of this Agreement ; provided, however, that such person or entity shall not be deemed to be an AFFIMED Collaborator unless and until the requirements ofSection 2.4 are complied with . No person or entity shall be permitted or deemed to be an AFFIMED Collaborator ifsuch person or entity, either as of the date of its written agreement with AFFIMED or thereafter, is or was ( a ) infringingany XOMA Patent Rights ; ( b ) engaged in the research, development or commercialization of an Immunoglobulindiscovered, isolated or characterized by the use of Antibody Phage Display or under conditions which infringe any ofthe XOMA Patent Rights and/or ( c ) engaged in a Commercial Antibody Phage Display Business or a CommercialAntibody Evolution Business during the term of this Agreement ; provided, however, that, with respect to any variabledomains in - licensed as provided in Section 2.6, as long as XOMA retains any rights it may have with respect to thediscovery of such variable domains, a Third Party engaged in a Commercial Antibody Phage Display Business or aCommercial Antibody Evolution Business may be an AFFIMED Collaborator with respect to such Tandab or Flexibodypursuant to Section 2.6