definiens: means improvements, variations, updates, modifications, and enhancements relating to the Digital PCR Patents that are made and/or acquired by the Investigator while employed by UBC or UBC employed researchers working under the direction of the Investigat or ; ( n ) means : ( i ) international patent application number PCT / CA2008/001985 entitled and ( ii ) any patents and patent applications filed to cover Digital PCR Improvements, and, with respect to both ( i ) and ( ii ) above, all : ( iii ) counterparts, continuations, divisionals, continuations -in - part, continuing prosecution applications, requests for continued examinations, extensions, term restorations, renewals, reissues, re -examinations, substitutions thereof ; ( iv ) corresponding international patent applications ; ( v ) corresponding foreign patent applications, including supplementary protection certificates and other administrative protections ; ( vi ) and international and foreign counterparts resulting therefrom ; ( o ) means the dat e on which this Agreement is terminated under Article 18 ; ( p ) means individually and collectively the Single Cell Field of Use, Diagnostics Field of Use, Sample Preparation for Sequencing Field of Use, and Nanoparticle Field of Use ; ( q ) means the earlier of either : ( i ) the first use of the Technology or any Improvement, or ( ii ) the first sale of a Product or provision of a Service, in exchange for valuable consideration ; ( r ) means collectively the rights in and to any and all inventions which are disclosed in the patent applications identified in Schedule, including : ( i ) counterparts, continuations, divisionals, continuing prosecution applications, and requests for continued examinations, extensions, term restorations, renewals, reissues, re -examinations, or substitutions thereof ; ( ii ) corresponding international pat ent applications ; ( iii ) corresponding foreign patent applications, including supplementary protection certificates and other administrative protections ; and 4 ( iv ) international and foreign counterpart patents resulting therefrom, all of which will be deemed added, from time to time, to Schedule for use in fields of use wholly outside the Excluded Fields of Use ; ( s ) means the FOU Patents and any directly related knowledge, know -how and/or technique or techniques developed before the Start Date by the Investigator while employed at UBC ; ( t ) means collectively the UBC Improvements, Licensee Improvements and Joint Improvements . For clarity, Improvements do not include Cellular Components ; ( u ) is defined in Article 3.6 ; ( v ) is defined in Recital ; ( w ) means improvements, variations, updates, modifications and enhancements relating to the Technology made and/or acquired at any time after the Start Date : ( i ) solely by the Investigator while employed at UBC and/or any UBC researchers working under the direction of the Investigator, and ( ii ) the Licensee, which improvements, variations, updates, modifications or enhancements can not be legally used or pract iced without infringing the Patents . For greater clarity Joint Improvements will not include ( and will specifically exclude ) any Digital PCR Improvements ; ( x ) means improvements, variations, updates, modifications and enhancements relating to the Technology made and/or acquired at any time after the Start Date by the Licensee, which improvements, variations, updates, modifications or enhancements can not be legally used or practiced without infringing the Patents . ; For greater clarity, improvements, variations, updates, modifications and enhancements relating to the Technology made and/or acquired at any time after the Start Date by either : ( i ) the Investi gator as an employee of, or consultant to, the Licensee while concurrently holding an academic position or position of employment at UBC ; or ( ii ) by any other researcher as an employee of, or consultant to, the Licensee while concurrently holding an academic position or position of employment at UBC ; will not be treated as Licensee Improvements and will instead be treated as, and included in, UBC improvements ; ( y ) means transporting fluids or gasses using chips or other substrates having at least one well, via, reservoir, reaction chamber, valve, or channel with a feature size of 500 microns or less, including associated inst ruments and devices to the extent used to perform such microfluidics ; ( z ) means an homogeneous particle comprising more than one component material ( for instance nucleic acid, protein, lipid, etc . ) and having a smallest dimension that is less than 250 nanometers ; ( aa ) [ * * * ] ; ( bb ) is defined in Article 10.3 ; [ * * * ] Certain information in this document has been omitted from this exhibit because it is both ( i ) not material and ( ii ) would be competitively harmful if publicly disclosed