definiens: or means the possession by a Party ( whether by ownership, license, or otherwise other than pursuant to this Agreement ) of, ( a ) with respect to any tangible Know -How, the legal authority or right to physical possession of such tangible Know -How, with the right to provide such tangible Know -How to the other Party on the terms set forth herein, or ( b ) with respect to Patent R ights, Regulatory Approvals, Regulatory Submissions, intangible Know -How, or other Intellectual Property, the legal authority or right to grant a license, sublicense, access, or right to use ( as applicable ) to the other Party under such Patent Rights, Regu latory Approvals, Regulatory Submissions, intangible Know -How, or other Intellectual Property on the terms set forth herein, in each case ( ( a ) and ( b ) ), without breaching or otherwise violating the terms of any arrangement or agreement with a Third Party i n existence as of the time such Party or its Affiliates would first be required hereunder to grant the other Party such access, right to use, licenses, or sublicense