definiens: as that term is defined in the License Agreement by and between MBX and Tepha, Inc. dated October 1, 1999, as amended on December 17, 2002 and ( iii ) any and all uses ofPHA - Related Material produced via Plants . Subject to the rights and licenses granted herein and in the other Commercial Alliance Agreements, : rv.mXand ADM Sub hereby agree that they shall each have the right to assign, sell, license or otherwise convey their rights in the Joint Alliance Technology without notice to or consent of the other Party and without any obligation to share the proceeds of such activity with the other Party, or otherwise to account to the other Party in connection with such activities . In all other respects, the rights ofthe Parties as joint ' owners shall be determined by the laws of the UnIted States of America and the State of Delaware . Trademarks that are developed by or on behalf of the Joint Sales Company for use in, connection with the marketing and sale ofPHA Material or PHA Formulations during the Term sha1l be included within the Joint Alliance Technology and the Parties agree and covenant not to 29 FOIA CONFIDENTIAL TREATMENT REQUESTED use any such trademarks, or other trademarks licensed hereunder, in a manner that would cause a diminution in value of such trademarks, including without limitation, by using such trademarks . in connection . with other goods, by using such trademarks in a misleading or confusing manner or by using any trademarks that are confusingly siniilar to any such trademark