definiens: shall mean those GDF-8 Patent Rights, other than th e Joint GDF-8 Patent Rights, which are Controlled by MetaMo rphix or its Affiliates as of the Effective Date or come into the Control of MetaMorphix or its Affi liates during the term of this Agreement, in each case other than through CONFIDENTIAL -5- the grant of licenses by GI under this Agreement or the 1999 Agreement . Without limitation of the foregoing, a list of those MetaMorphix GDF-8 Patent Rights believed to be existing as of the Effective Date is attached hereto as Exhibit 1.2.18, provided, however, that inclusion of any particular Patent on Exhibit 1.2.18 shall not serve as an admission by either Party or evidence that such Patent was not included in the rights licensed by MetaMorphix to GI under the 1999 Agreement