definiens: shall mean any compound in purified form that ( A ) ( 1 ) is a [ non - peptidylJ compound characterized by having the ability to inhibit ( or, in the case of a prodrug, an active species of which inhibits ) human cathepsin K or human cathepsin L [ with a Ki less than 0.1 l1 M ) and having greater than llO - fold selectivity against a panel of appropriate human serineproteases ) in an ill ! vitro human cathepsin K or L enzyme inhibition assay ) wherein the concentration of the compound is not greater than lll1 M ), and ( 2 ) satisfies one or more of the following : ( a ) is discovered, identified or synthesized by or on behalf of ARRIS and/or MERCK, 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 . 1 ( A)(l ) . above either [ ( i ) during the Research Program Term ) pursuant to work conducted under [ this Agreement ) or ( ii ) [ during the one year period prior to the first anniversary of the end of the Research Program Term ) 1 ( B ) Confidential Treatment Requested by Celera Corporation pursuant to work deriving directly from or based directly upon the results of the work conducted under the Agreement ; or ( b ) is acquired prior to the end of the Research Program Tenn ( including without limitation acquisition of rights thereto ) by ARRIS or MERCK, or an Affiliate of either . of them, from a third party, on an absoiute or contingent basis ( such as rights under an option ), and is detennined by the JRC to meet the criteria of Subsection 1.1(A)(I ) above pursuant to work conducted under this Agreement during the Research Program Tenn ; or ( c ) is generically described within a claim describing a genus of compounds the utility of which is given as human cathepsin K or human cathepsin L inhibition, as defined in any pending or issued claim of any unexpired ARRIS Patent, MERCK Patent or Collaboration Patent filed in the United States or Japan or as a European Patent Application, or as a Patent Cooperation Treaty ( ) 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 either Subsection 1.1(A)(I)(a ) or 1.1(A)(I)(b ) above, PROVIDED THAT such compound is synthesized and assayed [ within four years after the end of the Research Program Term ] ; or ( I ) is ( a ) identified to the JRC from the ARRIS.library by ARRISor from the MERCK library by MERCK, or ( b ) discovered or synthesized by or on behalf of ARRIS and/or MERCK, or an Affiliate of either of them pursuant to work conducted under this Agreement [ prior to·thefirst anniversary of the end of the Research Program Term ], or ( c ) acquired by ARRIS or MERCK, or an Affiliate of either of them, pursuant to work conducted under this Agreement prior to [ the first anniversary of the end of the Research Program Term ], and ( 2 ) is designated an Active Compound by the JRC by [ the first anniversary of the end of the Research Program Term ]