definiens: means payments received by Naia or an Affiliate t hereof as consideration for the grant of a sublicenses to Thi rd Parties with respect to [COMPANY] Intellectual Prop erty under this Agreement, including, but not limited to, up - front payments, milestone payments, and the like, but specifically excluding ( i ) royalties on the sale or distribution of Licensed Product(s ), ( ii ) funding received from a Sublicensee or an Affiliate thereof, following execution of the applicable sublicense, for specific research, deve lopment, or other services performed by Naia or an Affiliate th ereof with respect to Licensed Products following t he execution of such sublicense, to the extent such funding does not exceed Naia ’s and its Affiliates ’ reasonable, documented cost of performing such research, development, or o ther services, and ( iii ) purchases of Naia ’s or its Affiliates ’ equity or debt securities, to the extent the price paid therefor does not exceed the fair market value thereof, as reasonably determined in good faith by Naia ’s Board of Directors 1.34 means any patent application or patent anywhere in the world, including all of the following kinds : provisional, utility, divisional, continuation, continuation - in - part, and substitutio n applications ; and utility, re - issue, re - examination, renewal and extended patents, and patents of addition, and any Supplementary Protection Certificates, restoration of patent term s and other similar rights