definiens: means ( a ) with respect to Patents Controlled by K emPharm or any of its Affiliates as of the Effective Date, the Patents se t forth in Exhibit A hereto ; ( b ) with respect to any Patents that become Controlled by [COMPANY] or its Affiliates dur ing the Term, such Patents that are necessary or us eful for Development, manufacture or Commercialization of th e Products in the Field in the Territory, such addi tional Patents to be included on Exhibit A as it may be updated from time to time, provided t hat a failure to so include a Patent on Exhibit A that otherwise meets the definition of a Licensed Patent shall not preclude such Patent from being deemed a Licensed Patent hereunder . For clarity, when and if Company elects to exercise any Additional Product Option under Section 2.6 or Righ t of First Refusal under Section 2.7, the definitio n of Licensed Patents and Exhibit A will be deemed to include all Patents Controlled b y [COMPANY] or its Affiliates during the Term that were not already included in Exhibit A and are necessary or useful for Development, manufacture or Commercialization of the applicable 6 Additional Product or ROFR Product, respectively, i n the Field in the Territory . For further clarity, Licensed Patents includes Patents that become Controlled by [COMPANY] or its Affiliates during the Term and are necessary or useful for Development or manufacture of the Compounds associated with any Additional Pro ducts or ROFR Products in the Field in the Territory, but does not include [COMPANY] ’s and its Affiliates ’ in terest in any Joint Patents