definiens: means the Patents in the Territory Controlled by Deciphera or its Affiliates as of the Effective Date or during the Term of the Agreement that [ * * * ] . Schedule 1.38 contains a list of Deciphera Program Patents as of the Effective Date . Deciphera Program Patents shall include ( i ) Deciphera ’s interest in any improvements to any Deciphera Program Patents [ * * * ] and ( ii ) all Patents in the Territory claiming New Program IP . Notwithstanding the foregoing, in the event after the Effective Date, a Third Party becomes an Affiliate of Deciphera or becomes Deciphera ’s successor in interest with respect to this Agreement in each case through a Change of Control of Deciphera, no Patent Controlled by such Third Party entity or its Affiliates imme diately prior to such Change of Control transaction or during the Term shall be considered to be a Deciphera Program Patent for the purposes of this Agreement unless [ * * * ]