definiens: shall mean those GDF-8 Patent Rights, other than th e Joint GDF- 8 Patent Rights, which are Controlled by GI or its Affiliate s as of the Effective Date or come into the Control of GI or its Affiliates during the term of this Agr eement, in each case other than through the grant o f licenses by MetaMorphix under this Agreement or the 1999 Agreement . Without limitation of the foregoing, a list of those GI GDF-8 Patent Rights b elieved to be existing as of the Effective Date is attached hereto as Exhibit 1.2.12, provided, however, that inclusion of any particular Patent on Exhibit 1.2.12 shall not serve as an admission by e ither Party or evidence that such Patent was not included in the rights licensed by GI to MetaMorphi x under the 1999 Agreement