definiens: shall mean, with respectto any CuraGen Licensed Antigen, any product comprising ( a ) an Antibody which binds to such CuraGenLicensed Antigen ; or ( b ) Genetic Material that encodes such Antibody, wherein, in respect of each CuraGenProduct, said Genetic Material does not encode multiple antibodies . For the purposes of this Agreement, shall mean with respect to any intellectual property rights to which AFI has or obtains rights, possession by AFI or its Affiliate of the ability ( whether by ownership, license or otherwise ) to grant access, alicense or a sublicense to such intellectual property right as provided for in this Agreement ( i ) withoutviolating the terms of any agreement with any Third Party and ( ii ) without requiring any further payment(whether or not then due and payable ) under any agreement with any Third Party ( unless CuraGen elects inwriting to pay any amounts owed to such Third Party under any such agreement by reason of CuraGen’sexploitation of CuraGen Products ) . For the sake of clarity, CuraGen has specifically elected to pay anyamounts owing under the Third Party License Agreements referenced in Paragraph 3 ( Royalties Payable byCuraGen )