definiens: as that phrase is defined in 35 USC § 102(c ) ( AIA ) . In the event that either Party to this Agreement intends to overcome a rejection of a claimed invention covered by Jo int Patent Rights or the Atea Patent Rights pursuant to the provisions of 35 USC § § 102(a ) -(d ), such Party shall first obtain the prior written consent of the other Party . Following receipt of such written consent, such Party shall limit any amendment to t he specification or statement to the patent office with respect to this Agreement to that which is strictly required by the applicable subsection of 35 USC § 102 and the rules and regulations promulgated thereunder and which is consistent with the terms an d conditions of this Agreement ( including the scope of the Global Development Plan ) . To the extent that the Parties agree that, in order to overcome a rejection of a claimed invention covered by Joint Patent Rights or the Atea Patent Rights pursuant to the provisions of the applicable subsection of 35 USC § 102, if the filing of a terminal disclaimer is required or advisable, the Parties shall first agree on terms and conditions under which the patent application subject to such terminal disclaimer and the patent or application over which such application is disclaimed shall be jointly enforced, to the extent that the Parties have not previously agreed to such terms and conditions . In the event that [COMPANY] enters into an agreement with a Third Party with resp ect to the further research, development or commercialization of a Product, Atea shall, upon [COMPANY] ’s request, similarly enter into such agreement with such Third Party for the purposes of furthering the Parties ’ objectives under this Agreement, provided th at such agreement does not place any material obligation on Atea