definiens: shall mean, with respect to a Party, a person, corporation, partnership, or other entity that controls, iscontrolled by or is under common control with such Party, provided that, with respect to Nerviano, Affiliate means aperson, corporation, partnership, or other entity that is controlled by Nerviano and/or NMS Group S.r.l ., or is undercommon control with Nerviano . For the purposes of this definition, ( i ) an Affiliate is considered an Affiliate regardlessof whether such Affiliate is an Affiliate on the Effective Date or becomes an Affiliate after the Effective Date and(ii ) the word ( including, with correlative meaning, the terms or ) means the actual power, either directly or indirectly through one ( 1 ) or more intermediaries, to direct or cause thedirection of the management and policies of such entity either by the ownership of at least fifty percent ( 50 % ) of thevoting stock of such entity or the ability to otherwise control the management of the corporation.1.3 shall mean one or more of the following small molecules that binds to and inhibits the applicable ExclusiveTarget and that are specifically disclosed and generically described in ( a ) Nerviano Patent Cases NMS 015, 042 and071 such as the molecule known internally at Nerviano as Nerviano-01104862 with the chemical structure set forth onExhibit 1.3, together with its pharmaceutically acceptable salts, esters, ethers, hydrates, isomers, analogs, metabolites, mixtures of isomers, complexes or derivatives ( any of such molecules, the and collectively, the ), and ( b ) the small molecules described in Nerviano Patent Case NMS 093 such as the moleculesknown internally at Nerviano as Nerviano - P616 or Nerviano - P753, with the chemical structures set forth on Exhibit1.3, as well as any and all back - up compounds that are part of Nerviano ’s RET project lead optimization process, together with any pharmaceutically acceptable salts, esters, ethers, hydrates, isomers, analogs, metabolites, mixtures of isomers, complexes or derivatives of any of the foregoing ( any of such molecules, the andcollectively, the )