definiens: means ( i ) any collection or library of polynucleotide sequences, created by and under the exclusive control of MORPHOSYS, which encodes at least one I m munoglobulin and which is contained in filamentous bacteriophage and/or bacte riophage or phagemid cloning vectors capable of propagation in bacteria ; ( ii ) an y collection or library of bacteriophage, created by or under the exclusive co ntrol of MORPHOSYS, wherein an Immunoglobulin is ( a ) expressed as a fusion prot ein comprising an Immunoglobulin or at least a functionally operating region of an antibody variable region and an outer surface polypeptide, o r a fragment thereof, of a bacteriophage or ( b ) expressed separately and linke d to an outer surface polypeptide, or a fragment thereof, of a bacterioph age ; or ( iii ) any material required to generate any collection or library acco rding to ( i ) and/or ( ii ), each of which under ( i ), ( ii ) and/or ( iii ) infringe, but for the license granted herein, the XOMA Patent Rights . For the avoidance o f doubt, and without expanding the definition thereof, specifically excl uded from the definition of Licensed Antibody Phage Display Materials are ( x ) a ny article of manufacture or composition of matter suitable for display, express ion or secretion of an Immunoglobulin in or from any organism or system ot her than bacteria and ( y ) any materials or composition of matter otherwise meetin g the definition of Licensed Antibody Phage Display Materials but created by or under the control of any entity, other than MORPHOSYS, engaged in the licens ing, manufacture, sale, offer for sale, import or export of phage display service s, products or materials ; provided, that, notwithstanding the foregoing, any materials or composition of matter otherwise meeting the definition of Licensed Antibody Phage Display Materials but created by or under the exclusive con trol of a -2- < page > MORPHOSYS Collaborator shall constitute Licensed An tibody Phage Display Materials, but only to the extent derived by such M ORPHOSYS Collaborator exclusively from Licensed Antibody Phage Display Ma terials created by or under the exclusive control of MORPHOSYS and properly tra nsferred by MORPHOSYS to such MORPHOSYS Collaborator in accordance with the appli cable provisions of this Agreement and such MORPHOSYS Collaborator acknowled ges that the transfer restrictions and other provisions hereof apply ther eto