definiens: means, as to [COMPANY] Activated Receptor, a subsequent CART Identified Compound developed by [COMPANY] and/or [COMPANY] 's Licensee(s ) subsequently to the preceding CART Identified Compound precedingly developed for the same or similar therapeutic indication as the preceding CART Identified Compound, that is developed after the discontinuation of the development of the preceding CART Identified Compound or that is reserved at the lower stage of the development than that of the preceding CART Identified Compound or that is simultaneously developed with the preceding CART Identified Compound with the intent to commercialize the subsequent CART Identified Compound only in the event the development of the preceding CART Identified Compound is discontinued . For the purpose of determination of such intent, a subsequent CART Identified Compound shall be deemed Subsequent Compound but not Back - Up Compound if Phase 3 Clinical Study thereof is started prior to the discontinuation of the development of the preceding CART Identified Compound