definiens: and in the ( each as defined in the Shire Agreement ) in all countriesof the world other than those of North America if [COMPANY] elects not to take any action, and Celgene’sright to enforce such Patent Rights and Know - How are subject to Shire ’s prior rights ; and ( ii ) to the extentthat Shire is enforcing such Patent Rights or Know - How, [COMPANY] shall keep [COMPANY] informed inaccordance with this Section 8.3 and shall use commercially reasonable efforts to cause Shire to take theactions specified by this Section 8.3, if applicable to such Patent Right or Know - How, in a mannerconsistent with the Shire Agreement ; provided that [COMPANY] will not be in breach of its obligations underthis Section 8.3 if, after using such commercially reasonable efforts, it is unable to comply with suchobligations because of actions taken or not taken by Shire