definiens: ( including any variations such as and ) means, with respect to any compound, product, material, information, Patent, Trademark or other I ntellectual Property right, that the Party ( a ) owns or has a license to such compou nd, product, material, information, Patent, trademark o r other Intellectual Property right and ( b ) has the ability to grant to the other Party access, a license or a sublicense ( as applicable ) to such c ompound, product, material, information, Patent, trade mark or other Intellectual Property right as provided for herein without ( i ) requiring the consent of a Third Party or ( ii ) violating the terms of any agreement or other arrangement with any Third Party ; provided, that Intellectual Property of an acquirer of a Party or its Affiliates in 3 [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION ( I ) IS NOT MATERIAL AND ( II ) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSE D