definiens: or means with respect to Technology or Patent Rights, the possession by a Party of the right to grant a license or sublicense to such Technology or Patent Rights as provided he rein solely to the extent that such grant does not ( a ) violate the terms of any agreement or arrangement with any Third Party or ( b ) violate any Applicable Laws . Notwithstanding the foregoing, with respect to Technology or Paten t Rights licensed by [COMPANY] from a Third Party after the O riginal Agreement Date ( i.e., with respect to Techn ology or Patent Rights that were not Licensed Technology or Licensed Patent Rights as of the Original Agreement Date ), where the grant of a license or sublicense to Ophth otech to such Technology or Patent Rights as provid ed herein would require a payment of additional consideration by [COMPANY] to such Third Party licensor, Control by [COMPANY] shall be deemed to exist only if Ophthotec h agrees to reimburse [COMPANY] for such additional payment of consideration