definiens: or means, with respect to any Know - How, Patent, Regulatory Documentation or other intellectual property right, the possession ( whether by ownership or license, otherthan pursuant to this Agreement ) by a Party of the right to assign or grant access to, or grant a license or sublicenseunder, such Know - How, Patent, Regulatory Documentation or other intellectual property right as provided for hereinwithout violating the terms of any agreement or other arrangement with any Third Party existing at the time such Partywould be required hereunder to make such assignment or grant such access, license or sublicense ; provided, however, that any Know - How, Patent, Regulatory Documentation or other intellectual property right that is licensed oracquired by a Party from a Third Party after the Effective Date ( other than rights arising from the In - LicenseAgreements ) that would otherwise be considered to be under the Control of such Party shall not be deemed to beunder the Control of such Party if the application of such definition in the context of any licenses or sublicensesgranted to the other Party under this Agreement would require the granting Party to make additional payments orroyalties to such Third Party in connection with such license or sublicense grants pursuant to an arm ’s lengthagreement between the granting Party and such Third Party, unless the other Party agrees to pay such additionalpayments or royalties to the Third Party