definiens: means any person or entity on whose behalf DIVERSA engages in Antibody Evolution and/or a pers on or entity who is the intended recipient of Licensed Immunoglobulins or L icensed Immunoglobulin Information transferred from DIVERSA ; provided, how ever, that such person or entity shall not be deemed to be a DIVERSA Collabor ator unless and until the requirements of Section 2.5 are complied with . Exce pt as expressly set forth on Schedule 2.8(i ) and Schedule 2.8(ii ), no person or entity shall be deemed to be a DIVERSA Collaborator if such person or entity is engaged in a Commercial Antibody Phage Display Business or a Commercial Ant ibody Evolution Business unless, pursuant to a written agreement ( other than this Agreement ), executed after the Effective Date, XOMA has granted to such person or entity a valid license or covenant not to sue under the XOMA Paten t Rights which explicitly extends to the activities identified in this second sentence of Section 1.9