definiens: or means the possession by a Party ( whether by ownership, license, or otherwise other than pursuant to this Agreement ) of, ( a ) with respect to anytangible Know - How, the legal authority or right to physical possession of such tangibleKnow - How, with the right to provide such tangible Know - How to the other Party on theterms set forth herein, or ( b ) with respect to Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know - How, or other intellectual property rights, thelegal authority or right to grant a license, sublicense, access, or right to use ( asapplicable ) to the other Party under such Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know - How, or other intellectual property rights onthe terms set forth herein, in each case ( ( a ) and ( b ) ), without breaching or otherwiseviolating the terms of any arrangement or agreement with a Third Party in existence asof the time such Party or its Affiliates would first be required hereunder to grant the otherParty such access, right to use, licenses, or sublicense