definiens: or means the possession by a Party ( whether by ownership, license or otherwise ) of, ( a ) with respect to any tangible Know - How, the legal authority or right to physicalpossession of such tangible Know - How, with the right to provide them to the other Party on the terms andconditions set forth herein, or ( b ) with respect to Patents, intangible Know - How or other intellectual propertyrights, the legal authority or right to grant a license, sublicense, access or right to use ( as applicable ) under suchPatents, intangible Know - How or other intellectual property rights to the other Party on the terms and conditionsset forth herein, in each case of ( a ) and ( b ) without breaching the terms of any agreement with a * * * INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED . ALL SUCHOMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED