definiens: shall mean any and all Data and Know - How, and Patent Rights in and to any inventions, in each case that are made, generat ed or obtained by either Party ( or both Parties ) or their Affiliates, or the Subcontractors and other Third Party contractors of any of them ( to the extent the appli cable Data, Know - How or Patent Right is Controlled by the applicable Party or its Affiliate ) in the course of performing activities in the Exploitation of Licen sed CARs or Products under this Agreement ( such activities coll ectively referred to as ) . For clarity, does not include Know - How, Data or Patent Rights ( a ) ow ned or Controlled by either Party ( or their Affiliates ) as of the Effective Date or ( b ) made, generated or ob tained by either Party ( or their Affiliates or Third Party co ntractors ) outside of, and independently of, Develo ping, CMC Developing, Manufacturing, Commercializing or other wise Exploiting a Licensed CAR or Product ; provided, the foregoing shall not be construed to limit the inclu sion, in accordance with Section 4.9 below, of Know -How or Patent Rights arising from use of the Patient Sampl es within the definition of Collaboration Intellect ual Property