definiens: means ( a ) the Patent Rights listed on Schedule E, ( b ) all divisionals, continuations, and continuations - in - part that claim priority to the patent applications described in s ubsection ( a ) or the patent applications from which the patents desc ribed in subsection ( a ) issued, ( c ) all patents tha t have issued or in the future issue from any of the foregoing pa tent applications in subsections ( a ) and ( b ), inclu ding utility, model and design patents and certificates of invent ion, ( d ) any patents - of - addition, re - examinations, reissues, renewals, extensions or restorations of any of the foregoing, and ( e ) any foreign counterparts or equi valents of any of the foregoing . For clarity, each Inactive Case t hat is included in Schedule E shall be included in the Licensed Patent Rights to the extent they are in force as of the Effective Date or can be and are revived and m aintained by Licensee in accordance with this Agreement . All Ari sing Patent Rights are hereby deemed to constitute part of the Licensed Patent Rights for all purposes under this Agreement, including the licenses granted in Sectio n 2.1 and the payment obligations in Article 5, but excluding for purposes of the representations and warranties made under Article 10 . Schedule E shall be updated from time - t o - time during the Term by Licensee to include paten t applications within the Arising Patent Rights