definiens: means ( i ) a PDEI0 inhibitor or modulator, other than a Primary Compound, ( a ) for which [COMPANY] during the Agreement Term has rights, whether by reason of its own conception of such inhibitor or modulator, or under agreement with a Third Party, ( b ) was identified or confirmed as a PDElO inhibitor or modulator through the use of the Memory Screening Technology, and ( c ) subject to Section 7.3 ( a ), with respect to which the initial IND for the inhibitor or modulator has not been filed within [ three and one - half ( 3.5 ) years ] after the Effective Date by [COMPANY] or its Affiliate, or ( ii ) [ an inhibitor or modulator of PDEIO, other than a Primary Compound, comprising a composition of matter claimed in a Memory Patent Right or a Joint Patent Right ] or as identified by Memory on Schedule 1.60 attached hereto