definiens: means a decision with respect to the following is sues : ( a ) how to perform the [ * * * ] against [ * * * ] identified for inclusion in the Research Prog ram in accordance with Section 3.5.1 ; ( b ) the expan sion, [ * * * ], of thenumber of FTEs to be provided by ARCHEMIX under the Research Program in any Contract Year beyond the A RCHEMIXAnnual FTE Commitment ( including without limitation, the application of additional ARCHEMIX FTEs beyon d theARCHEMIX Annual FTE Commitment to the [ * * * ] ) ; ( c ) a ny activity requiring ARCHEMIX to apply significant ly ( i.e., atleast [ * * * ] % ) more resources ( other than FTEs ) to t he Research Program than are specified by the Annua l Research Plan ; ( d ) toincur any [ * * * ] except as provided in Section 3.3.5 ; ( e ) whether ELAN has nominated as a Program Targe t a Target thatARCHEMIX determines in good faith, after consultati on with, and, if requested by ELAN, obtaining a let ter from, ARCHEMIX ’ outside counsel ( which counsel shall be o f nationally recognized reputation in the life scie nces field)confirming such determination, that an executed wri tten agreement between ARCHEMIX and a Third Party p rohibitsARCHEMIX from allowing ELAN to designate such Targe t as a Program Target ; provided, that, to the exten t permitted by anysuch agreement, ARCHEMIX shall provide ELAN with a redacted copy of such agreement which shall include thoseprovisions that are reasonably relevant to such det ermination, subject to the confidentiality obligati ons hereunder ; and(f ) whether ARCHEMIX should [ * * * ] obtain a license to a Blocking Third Party Patent or any other Third Party Patent Rights