definiens: means any and all biomarkers ( including metabolite, DNA, RNA and proteinprofiles ) discovered or developed by or on behalf of Aveo or [COMPANY] that ( a ) are for use with ( including use in clinical testing ofor use in any decision whether to prescribe ), or ( b ) relate to, are associated with or are correlated with patient populationsand / or tumors that do or do not respond to treatment with, in the case of each of ( a ) and ( b ), any one ( 1 ) or more LicensedProduct(s ) . Such a biomarker is a Licensed Product Biomarker regardless of its stage of discovery, development, advancementor commercialization, and whether or not the biomarker is already validated or recognized by any Regulatory Authority . Suchbiomarkers include those discovered or developed by Aveo ’s orKirin ’s respective Affiliates, Sublicensees or contractors . To avoid any doubt, as used throughout this Agreement, includes assays for the presence of such Licensed ProductBiomarkers, including any that may be employed in either Party ’s clinical testing of any Licensed Product or that may bereferred to in the labeling for any Licensed Product in connection with Marketing Approval thereof anywhere in the world, and any items necessary or useful to conduct such assays in the same manner as in such clinical testing or as referred to in suchMarketing Approvals