definiens: means any composition of matter ( including, without limitation, any Delta Compound ) that : ( a ) [ has the ability to inhibit ( or, in the case of a prodrug, an active species of which inhibits ) HCY Protease ( i ) with a Fe ; [ or IC50 ] equal to or less than 100nM ; and ( ii ) with greater than 100 - fold selectivity against a panel of appropriate proteases in in vitro assays to be agreed in good faith by the JRC ; and ] ( b ) [ has antiviral activity ( as defined below ) at ~ I ~ M in cells ; and ] ( e ) J}atisfies one or more of the following ] ( 1 ) [ is discovered, identified or synthesized by or on behalf of Arris and/or [COMPANY], or an Affiliate of either of them, pursuant to work conducted under this Agreement, and is determined by the JRC to meet the criteria of subsection 1.9(a ) either ( i ) during the Research Term pursuant to work conducted under this Agreement or ( ii ) during the one - year period immediately after the end of the Research Term pursuant to work deriving directly from or based directly upon the results of the work conducted under this Agreement ; or . ] ( 2 ) [ is acquired ( including without limitation the acquisition of rights thereto ) prior to the end of the Research Term by Arris or [COMPANY], or an Affiliate of either of them, from a Third Party, on an absolute or contingent basis ( such as rights under an option ), and is determined by the JRC to meet the criteria of subsection 1.9(a ) pursuant to work conducted under this Agreement during the Research Tenn ; or } ( 3 ) Os generically described within a claim describing a genus of compounds the utility of which is given as HCY Protease inhibition, as defined in any pending or issued claim of any unexpired Arris Patent, [COMPANY] Patent or Joint Patent filed in the United States or Japan or as a European Patent Application, or as a Patent Cooperation Treaty ( " PCT ' ) application designating the United States and the contracting states of the European Patent Convention, and as to which the JRC detennines that at least one member of such genus meets the requirements of subsection 1.9(a ), 1.9(b ) and either subsection 1.9(c)(1 ) or 1.9(c)(2 ), provided that such compound is synthesized and assayed within four years after the end of the Research Term ] [ As used in subsection 1.9(b ) above, means reduction in virus plaques or virus yields in v{rally infected cells . The cellular assay is to be perfonned under conditions that contain physiologically relevant ( and non - inhibitory ) concentrations·of available DELTA F ACTOR, as defined in the letter described in Section 1.3, within the culture medium ] Notwithstanding the provisions of this Section 1.9, Collaboration Compounds shall not include : 57497 vl5 / PA 18d515 ' 101597 ( w ) ~y [COMPANY] Exclusive Compound ; o~ 3 [ : J -;-CONfIDENTIAL TREATMENT RIQUISTEI v V v V V V V V V V V V V ; ? ( x ) ~y compound marketed by [COMPANY] or its Affiliates as of the Effective ~ Date ; oQ v ( y ) ~ny compound for which [COMPANY] or its Affiliates as of the Effective Date is V conducting human clinical trials or has filed an fND ( which has not been abandoned or ~ withdrawn ) ; or :] ( z ) [ Any compound that inhibits Factor Xa, Thrombin, or Factor VIla at a V concentration of:5 10nM ( under Delta conditions ) ] V 1.10 means any product containing a Collaboration Compound as an active ingredient