definiens: means, collectively, ( a ) the [COMPANY] Monotherapy Product ManufacturingImprovements, and ( b ) any and all Know - How, and other information that was developed by or on behalf of [COMPANY] ( or itsAffiliates or sublicensees ), or Amicus ( or its Affiliates, or Sublicensees ), or jointly by or on behalf of [COMPANY] and Amicus or anyof their respective Affiliates after the Original Effective Date, during the period from the Original Effective Date to the FirstRestated Effective Date, or during the period from the First Restated Effective Date to the Second Restated Effective Date, from the conduct of activities under the applicable Development Plan under the Original Agreement or the First RestatedAgreement, as applicable, in each case with respect to any Products ( but expressly excluding JR051 individually and JR051 aspart of any Co - Formulation Product(s ) ), including all inventions, Know - How, and all other intellectual property rights arisingin the conduct of such activities ; provided, however, that Program Improvements will not include Amicus IntellectualProperty, [COMPANY] Background IP, [COMPANY] In - Licensed Background ERT IP, Co - Formulation Product IP, or [COMPANY] Route BManufacturing Processes ; and provided further that, Program Improvements shall not include : ( a ) information which is orbecomes part of the public domain through no breach of this Agreement by [COMPANY] or Amicus or their respective Affiliates;(b ) information which [COMPANY] can demonstrate by its written records was known by [COMPANY] or its Affiliates prior to the OriginalEffective Date excluding any information received by [COMPANY] under the terms of the Confidentiality Agreement ; and(c ) information which was independently developed by [COMPANY] or Amicus or their respective Affiliates outside of the Program, and such independent development can be demonstrated by written records