definiens: a s defined in the [COMPANY] / JHU Agreement ( as amended herein, and speci fically as amended by Section 4 ), with the exception that ( 1 ) such licens e is non - exclusive and sublicenseable, ( 2 ) for clarity, no license, sublic ense or other rights shall be deemed to have been granted to Kala in any field with resp ect to such Future Patent Rights pursuant to this Agreement, and ( 3 ) if JHU grants K ala or a Third Party a license under such [COMPANY] - Licensed Future Patent Rights, a ll patent costs incurred by JHU with respect to such [COMPANY] - Licensed Future Patent Rights, whether prior to or after the granting of such license to Kala or such Third Party(ies ), shall be borne pro rata among [COMPANY] and all such licensees ( based on the number of JHU - licensed licensees under such [COMPANY] - Licensed Future Patent Rights ) and, with respect to any such patent costs with respect to such GrayBug- Licensed Future Patent Rights paid by [COMPANY] prior to JHU 13 granting such a license to Kala or any such Third P arty, JHU shall ensure that Kala or such Third Party reimburses such prior patent co sts to [COMPANY] so that [COMPANY] will only have borne its pro rata amount of such pr ior patent costs