definiens: means the intellectual pro perty and know how of [COMPANY] and its permitted sublicensees, as such intellectual proper ty and know how currently exist and as that intellectual property and know how may develop . ” 1.2 The definition of in Section 1 of t he Agreement is hereby amended by adding the following as a new paragraph at the end of such def inition : “ Notwithstanding the foregoing, with respect to sal es by the World Class Sublicensee or any of its affiliates or sublicensees, Net Sales shall be as d efined in Exhibit D. ” 1.3 Section 1 of the Agreement is hereby amended by adding the following new definition of : means any third party who has received from Angiotech a license under the Licensed Patent Rights or Improvements as of the date of this Fifth Amendment . ” 1.4 Section 2.1 of the Agreement is hereby amended to read as follows : “ 2.1 Grant . Subject to the terms and conditions of this Agreement, Angiotech hereby grants to [COMPANY] an exclusive ( even as to Angiotech ) rig ht and license under the Licensed Technology and Angiotech ’s interest in Improvements solely to make, have made, use, offer to sell, sell and import Eligible Products in the Field in the Territ ory ( the ) . For the avoidance of doubt, with the exception of Drug - Loaded Product s, Angiotech shall not grant to any other Person any rights to or license under the Licensed Technol ogy or Angiotech ’s interest in Improvements to make, have made, use, offer to sell, sell or import any products containing CT3 for use in the Field in the Territory . ” * * * * C ERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION . C ONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS