definiens: means any and all scientific, technical or test d ata pertaining to Licensed Product(s ) ( provided, that if any such scientific, technical a nd / or test data pertains to Licensed Product(s ) and something other than Licensed Product(s ), then only such scie ntific, technical and test data that pertains to Li censed Product(s ) and not to something else ) that is gener ated by or under the authority of NBIX or its Affil iates and contractors, or by or under the authority of BIAL o r BIAL ’s Affiliates and contractors ( provided howev er that in the event that any Third Party becomes a BIAL Affil iate by merger with or by acquisition of BIAL or an y of its Affiliates, any data of such Third Party in existen ce as of the effective date of such merger or acqui sition shall not be included as Data ) or by or under the authori ty of any Third Party licensee in respect of BIA 9- 1067 and/or Licensed Products of BIAL outside the Territory, in cluding, without limitation, research data, non - cli nical data, clinical data and/or all submissions made in associ ation with an IND or application for a Marketing Authorization filed in or outside the Territory wit h respect to such Licensed Product(s ), in each case to the extent such data either ( a ) is Controlled by BIAL or its Affiliates on the Eff ective Date or ( b ) comes within a Party ’s or its Affiliates ’ Control during the Term ( provided h owever that in the event that any Third Party becom es a BIAL Affiliate by merger with or by acquisition of BIAL or any of its Affiliates, any data of such Third Pa rty in existence as of the effective date of such merger o r acquisition shall not be included as Data unless BIAL Controls such Data prior to the effective date of s uch merger or acquisition or BIAL subsequently incl udes such data in regulatory filings in connection with the L icensed Product outside the Territory ) . Data shall not include any Manufacturing Know - How