definiens: means any Know - How or Amunix Listed Patents relating to thecomposition of matter, properties, use, or manufacture of XTEN Sequences or Licensed Products, which Know - How in eachcase ( a ) is Controlled by Amunix or an Aﬃliate thereof and ( b ) exists as of and/or was conceived prior to the OriginalEﬀective Date, or is developed or obtained by Amunix or an Aﬃliate thereof independently of the Agreement without the useof Naia ’s Conﬁdential Information, and in the case of Amunix Listed Patents, claims or discloses inventions conceived priorto the Original License Eﬀective Date or developed by Amunix or an Aﬃliate thereof independently of this Agreement duringthe Research Term without the use of Naia ’s Conﬁdential Information, or was obtained by Amunix during the ResearchTerm not from Naia or its Aﬃliate, and in each case all Intellectual Property related to such Know - How and Amunix ListedPatents Controlled by Amunix or an Aﬃliate thereof, subject to Section 9.5 . For purposes of clarity, Amunix BackgroundTechnology does not include the formulation(s ) or other embodiment(s ) of Research Constructs or Licensed Product madeby Amunix or an Aﬃliate thereof pursuant to the Research Plan . The foregoing notwithstanding, and for the avoidance ofdoubt, Amunix Background Technology does include all data, CMC documents, toxicology reports, regulatory submissions, production strains, clinical data and reports, and other such materials that were in the possession of Amunix or an Aﬃliatethereof on the Original License Effective Date that pertain to VRS-859