definiens: means ( i ) with respect to any In formation, ownership or possession by a Party, or, where expressly provided, its Affiliates, of the ability ( without taking into account any rights granted by one Party to the other Party under the terms of this Agreement ) to g rant access, a license or a sublicense to such Info rmation without violating the terms of any agreement or other arran gement with, or necessitating the consent of, any T hird Party, at such time that such Party or any of its Affiliat es would be first required under this Agreement to grant the other Party such access, license or sublicense, and ( ii ) with respect to any Patent, trademark or other inte llectual property right that does not constitute Information, ownersh ip or possession by a Party, or, where expressly pr ovided, its Affiliates, of the ability ( without taking into acc ount any rights granted by one Party to the other P arty under the terms of this Agreement ) to grant a license or a su blicense to such Patent, trademark or other intelle ctual property right without violating the terms of any agreement or other arrangement with, or necessitating the con sent of, any Third Party, at such time that such Party or any of its Affiliates would be first required under this Agreement to grant the other Party such license or sublicense