definiens: means any agreement or multiple agreements with a third party which is not anAFFILIATED COMPANY in which COMPANY:(a ) Grants rights in, to or in respect of any of the PATENT RIGHTS;(b ) Grants the right to make, use, offer for sale, sell or import a LICENSED PRODUCT, or to provide aLICENSED SERVICE;(c ) Agrees not to assert the PATENT RIGHTS or agrees not to sue, seek damages or seek injunctive relieffor the practice of same;(d ) Assigns or otherwise transfers this AGREEMENT other than as permitted under Article 10.9 herein belowand provided that LICENSOR has elected to treat such assignment or transfer as a SUBLICENSE ; or(e ) Is under an obligation to do any of the foregoing, or to forbear from offering to do or doing any of theforegoing with any other entity