definiens: shall mean : ( a ) as of the Effective Date, all Patents In existence and ( i ) for which Palomar is a joint owner with MGH or ( ii ) to which Palomar has received or is entitled to receive an exclusive license from MGH, under the MGH Agreements ; and ( b ) all claims contained in a Patent ( no matter when filed or issued ) that makes a priority claim to any of the Patents that are identified in clause ( a ) above, PROVIPED HOWEVER that any such priority claim has an earliest priority date based solely on the Patents that are identified in clause ( a ) above, and in each case of clauses ( a ) and ( b ) above which Patents contain or are reasonably expected to give rise to issued claims that cover any activities in one or more of the Fields . The attached Appendix D sets forth all of the MGH Patents in existence as of the Effective Date, as the Parties are reasonably able to predict based on the R&D Program proposed by the Parties as of the Effective Date . The Parties understand and agree that the identity of the MGH Patents may change during the performance of the R&D Plan . At the request of either Party from time to time, the Parties may mutually agree to update Appendix D