definiens: shall mean claims, or the equivalent of claims of or as appropriate, directed to and/or primarily useful in connection with Nucleic Acid Arrays . shall be those arising from, and only those arising from, the patents and applications listed in Exhibit 1, as well as the inventions · disclosed and claimed therein, . and all continuations, continuations - in - part, divisions, reexaminations, and reissues thereof, and any corresponding foreign patent applications that may be filed in the future claiming priority thereto and any patents, patents of addition, or other equivalent foreign patent rights issuing, granted " or registered thereon that are based on one or more of the patents or applications in Exhibit 1, · including the patent rights of third parties for which [COMPANY] obtains the right to grant sublicenses pursuant to sublicensing rights in connection with and obtained as part of a license grant of the [COMPANY] Patent Rights to such third party pursuant to terms equivalent to Section 4 . shall be those arising from, and only those arising from, the patents and applications listed in Exhibit 2, as well as and the inventions disclosed and claimed therein, and all contiriuations, continuations - in - part, divisions, " and reissues thereof, and any corresponding foreign patent applications that may be filed in the future claiming priority thereto and any patents, patents of addition, or other equivalent foreign patent rights issuing, granted or registered thereon . The term as defmed above includes only said claims under which the herein - designated company has the right at any time during the life of this Agreement to make the herein - contained grants, in each instance to the extent, and subject to the terms and conditions, including the obligation to account to or make payments to others, under " which the herein - designated company shall have such right