definiens: shall mean, with respect to a Proposed Antigen orCollaboration Antigen ( irrespective of whether such Collaboration Antigen becomes a Discontinued Antigen or a FailedAntigen ), Patent Rights Controlled by AZ or its Affiliates that ( a ) claim or cover, and only to the extent they claim orcover, Antigen - Specific Technology, and ( b)(i ) are Controlled by AZ or its Affiliates prior to the date of the applicableAntigen Notice under Section 2.2.1(a ), 2.2.1(j ) or 2.2.1(k ), as applicable, ( ii ) are first Controlled by AZ or its Affiliatesafter such date pursuant to the merger, acquisition ( whether of all of the outstanding stock or all or substantially all ofthe assets of a Person ) or similar transaction by or with another Person, ( iii ) are first conceived or generated by or onbehalf of AZ or its Affiliates under or in connection with any program conducted outside this Agreement withoutviolating the terms of this Agreement, or ( iv ) are first conceived or generated by or on behalf of AZ in 8 connection with any validation activities conducted by AZ with respect to such Proposed Antigen pursuant toSection 2.2.2(a ) ; provided, however, that AZ Prior Antigen - Specific Patent Rights shall not include any Antigen - Specific Technology that is first Controlled by AZ or its Affiliates or first conceived or generated by or on behalf of AZ, as applicable, after such Antigen becomes a Non - Selected Antigen, a Discontinued Antigen or a Failed Antigen