definiens: shall mean, subject to Section 2.3.4, ( a ) the Patent(s ) listed onSchedule 1.108, and ( b ) any other Patents that are ( i ) owned or Controlled by [COMPANY] or any of its Affiliates as ofthe Effective Date or during the Term ( including Joint Patents ) that would be infringed, absent a license, byDeveloping, making, using, selling, offering for sale, importing, or otherwise Exploiting any Licensed Compound orLicensed Product for the Initial Indications or any other indications set forth on Exhibit A and ( ii ) Controlled byAssembly or any of its Affiliates ( including Joint Patents ) upon or following the exercise by [COMPANY] of an optionpursuant to Section 2.7.1 that would be infringed, absent a license, by Developing, making, using, selling, offering forsale, importing, or otherwise Exploiting any Licensed Compound or Licensed Product for any Option Indication thatbecomes a Permitted Indication pursuant to the exercise of such option and, in each case ( clauses ( i ) and ( ii ) ), suchadditional Patents to be included on Schedule 1.108 as it may be updated from time to time ; provided, that, a failureto so include a Patent on Schedule 1.108 that otherwise meets the definition of a Licensed Compound Patent shallnot preclude such Patent from being deemed a Licensed Compound Patent hereunder