definiens: means the date on which a writte n notice is received by the non - designating Party complying with the foregoing requirements . For purposes of designating an NV Compound, activity against a give n target must be measured using either ( x ) a published assay that is generall y accepted in the scientific community as a valid measure of activity against su ch target, or ( y ) an assay that is proprietary to the designating Party and th at would be considered by one of ordinary skill in the art as a valid measure of activity against the given target . Each Party agrees that it shall not designa te an NV Compound under this Section 4A.1(a ) unless it has a good faith intentio n to Develop and Commercialize the NV Compound ( or a Related Compoun d ) for at least one indication in the Non - Viral Field . An NV Compound d esignated pursuant to and in compliance with the provisions of this Section 4A.1 ( a ) shall be referred to as a 32 EXECUTION VERSION ( b ) If a Party validly designates an NV Compound as a Designated NV Compound pursuant to the provisions of Section 4 A.1(a ), then it shall receive those licenses with respect to such Designated NV C ompound and any Related Compounds specified in Section 5.4