definiens: means ( a ) with respect to [COMPANY], any diagnostic for a Target included in a Program Target that is usedin combination with a Licensed Product if ( i ) such diagnostic is Covered by a Valid Claim of any [COMPANY] Patent or JointPatent in the country in the [COMPANY] Territory in which it is Manufactured or Commercialized or ( ii ) the Manufacture orCommercialization of such diagnostic by or on behalf of [COMPANY] in such country would, but for the licenses granted to Gileadunder Section 4.1, infringe or misappropriate [COMPANY] ’ rights in the [COMPANY] Know - How or Know - How included inthe Joint IP, and ( b ) with respect to 5 * * * = Portions of this exhibit have been omitted pursuant to a request for confidential treatment . An unredactedversion of this exhibit has been filed separately with the Commission . [COMPANY], any diagnostic for a Target included in a Program Target that is used in combination with a Licensed Product if(i ) such diagnostic is Covered by a Valid Claim of any [COMPANY] Collaboration Patent or Joint Patent in the country in theMacroGenics Territory in which it is Manufactured or Commercialized or ( ii ) the Manufacture or Commercialization of suchdiagnostic by or on behalf of [COMPANY] in such country would, but for the licenses granted to [COMPANY] underSection 4.2, infringe or misappropriate [COMPANY] ’s rights in the [COMPANY] Collaboration Know How or Know - How included in theJoint IP