definiens: shall mean ( a ) Know - How and Patent Rights that BPM and its AffiliatesControl ( i ) as of the Effective Date, and/or ( ii ) during the Agreement Term to the extent used byBPM or its Affiliates to perform activities under this Agreement ( but excluding SupplementalStudies 2 unless [COMPANY] opts - in pursuant to Section 7.2 ), ( b ) BPM ’s interest in any Joint IP, and ( c ) BPMSole IP, and in each case ( ( a ) through ( c ) ) that are necessary or useful for the Exploitation ofCollaboration Compounds, Products or Licensed Products, but excluding BPM Technology, Collaboration Compound IP and Other Compound IP . The foregoing Patent Rights in the BPMIP shall be listed in Appendix 1.9 of this Agreement and updated from time to time ( but failure tolist same will not exclude them as BPM IP )