definiens: means, with respect to any item of Information, Regulatory Documentation, material, Patent, orother property right existing on or after the Effective Date and during the Term, the possession of the right, whetherdirectly or indirectly, and whether by ownership, license, covenant not to sue, or otherwise ( other than by operation ofthe license and other grants in Sections 5.1 or 5.2 ), to grant a license, sublicense or other right ( including the right toreference Regulatory Documentation ) to or under such Information, Regulatory Documentation, material, Patent, orother property right as provided for herein without violating the terms of any agreement or other arrangement with anyThird Party ; provided, that except in the case of Third Party In - License Agreements, neither Party shall be deemed toControl any item of Information, Regulatory Documentation, material, Patent, or other property right of a Third Party ifaccess requires or triggers a payment obligation