definiens: means, with respect to any item of Information, Regulatory Documentation, material, Patent, or other property right existing on or after the Effective Date and during the Term, the possession of the right, whether directly or indirectly, and whether by ownership, license, covenant not to sue, or otherwise ( other than byoperation of the license and other grants in Section 5.2 ), to grant a license, sublicense or other right ( including theright to reference Regulatory Documentation ) to or under such Information, Regulatory Documentation, material, Patent, or other property right as provided for herein without violating the terms of any agreement or other arrangementwith any Third Party ; provided, however, that except in the case of Third Party In - License Agreements, neither Partyshall be deemed to Control any item of Information, Regulatory Documentation, material, Patent, or other propertyright of a Third Party if access requires or triggers a payment obligation