definiens: means a Crop Product that:(a ) is a DAS Product,(b ) is the direct result of using one or more ZFP Products to:(i ) insert one or more DNA sequences from a different source into a plant, plantcell, or plant cell culture ( in each case, whether constituting or derived from a vascularor non - vascular plant ) wherein each such insertion causes a Trait that ( A ) is entirelydue to expression of the protein encoded by such inserted DNA sequence ( whichDNA sequence has not been directly or indirectly modified through the use of a ZFPProduct ) and ( B ) is not due, in whole or in part, to ( 1 ) the modified expression of anypre - existing gene in such plant, plant cell or plant cell culture or ( 2 ) the modification ordeletion of any coding or regulatory sequence of any pre - existing gene in such plant, plant cell or plant cell culture, or(ii ) deletes one or more existing DNA sequences in such plant, plant cell or plantcell culture that are not coding or regulatory sequences and do not have any knownfunction, wherein such deletion(s ) do not, separately or in combination, cause a Traitor modify the expression or coding sequence of any existing gene in such plant, plantcell or plant cell culture, and(c ) is not the result of any other activity in the Field . ” * * * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THEDB2/ 30586364.1COMMISSION NOTE : Portions of this Exhibit are the subject of a Confidential Treatment Request by theRegistrant to the Securities and Exchange Commission ( the )