definiens: means any synthetic peptide - based [ EPO receptor - activating ] ESA Controlled by [COMPANY] as or the Effective Date and for ten ( 10 ) years after the Effective Date, which such ESA : ( iJ has I demonstrated product proliles . such as erythropo ietic in vivo < lctivity, safety and toxicity ], which are [ substantially equivalent to or beller than that of ] Hematide ; and/or ( ii ) has a reasonable [ expectation of pharlllaceutical activity in humansJ sufficient for the primary use of such product for the prevention, treatment or amelioration or anemia in humans . For the avoidance or doubt, Backup Compounds shall exclude any [ Innotide ] Product subject to Section 6.6(b ) . The initial list of the Backup Compounds is attached hereto as Schedule 1.9 and shall be updated from time to time by AITymax and provided to [COMPANY] promptly . The list of the Backup Compounds thus updated shall include any synthetic peptide­based [ EPO receptor - activating ] ESA which falls in the above definition which me discovered or developed by [COMPANY] during the course of the Backup Research Agreement and thereafter