definiens: or means, with respect to any item of Know - How, Patent, Regulatory Documentation or other intellectual property right, the possession ( whether by ownership or license, other thanpursuant to this Agreement ) of the 4 * * * = Portions of this exhibit have been omitted pursuant to a request for confidential treatment . An unredactedversion of this exhibit has been filed separately with the Commission.ability of a Party to grant access to, or a license or sublicense under, such item or right as provided for herein withoutviolating the terms of any agreement or other arrangement with any Third Party existing at the time such Party would berequired hereunder to grant the other Party such access or license or sublicense ; provided that any Know - How, Patent, Regulatory Documentation or other intellectual property right that is licensed or acquired by a Party after the Effective Datethat would otherwise be considered to be under the Control of such Party shall not be deemed to be under the Control of suchParty if ( a ) the application of such definition in the context of any licenses or sublicenses granted to the other Party under thisAgreement would require the granting Party to make any additional payments or royalties to a Third Party in connection withsuch license or sublicense grants, unless the other Party agrees to pay the additional payments or royalties to the Third Partyand ( b ) with respect to Know - How, Patents, Regulatory Documentation or any other intellectual property right licensed to orobtained by [COMPANY] pursuant to an agreement with a Third Party, unless and until the agreement pursuant to which suchrights are obtained becomes a [COMPANY] Third Party Agreement pursuant to Section 4.6