definiens: means activities performed or to be performed or rights granted or tobe granted to a Third Party ( a ) under an agreement between a Party and a Third Party that are required under suchagreement ( where such agreement is not prohibited under Sections 3.1.6, 3.1.7, 5.1 and 5.2, and as such agreementis in effect as of the date of the exercise of the applicable Option ( provided that such agreement was not entered intoin any manner that fundamentally frustrates the purposes of this Agreement ) ), or ( b ) that are required under anagreement between X - BODY, Inc. or Juno Therapeutics GmbH ( together, the ), on the one hand, and a Third Party, on the other, that was entered into prior to the Original Execution Date, as such agreement existsas of the Original Execution Date ( provided that such agreement was not entered into in any manner thatfundamentally frustrates the purposes of this Agreement ), including in each of ( a ) and ( b ) even if any activitiesperformed under such agreements would violate or would cause a violation of Sections 3.1.6 or 3.1.7 or Article 5, ifsuch Party or Juno Subsidiary does not have the ability to control the use of funds relating to, or to otherwise direct orcontrol, any activities conducted by such Third Party in connection with such agreement