definiens: means:(a ) all Biological Samples and Data;(b ) all Inventions, protocols, results, data, discoveries, formulas, know - howand trade secrets, including any biomarkers or surrogate markers, assays, tests, clinical trial methodologies, or procedures ( in each case whetherpatentable or otherwise ) that were generated in the course of or arise fromthe performance of the Collaboration Program, including during the periodfrom September 15, 2006 until the Effective Date, or resulting from theanalysis of Biological Samples and Data during the Collaboration ProgramTerm or Tail Period, including during the period from September 15, 2006until the Effective Date ; and(c ) any improvements or enhancements to, or subsequent inventions resultingfrom, any of the items described in clauses ( a ) and ( b ) to the extent suchimprovements, enhancements or inventions are generated during theCollaboration Program Term or Tail Period or during the period fromSeptember 15, 2006 until the Effective Date ; provided, however the term shall not apply to, andshall exclude, FHT Independent Inventions and Improvements, ExcludedMerck Compound Rights, and [COMPANY] Independent Inventions andImprovements