definiens: means [ * ] ( other than Net Sales on which a royalty has been paid pursuant to Section 5.5 ) and shall include [ * ] and shall include [ * ], in each case where any of products, ma terials, services or activities of DIVERSA ( whether on its own behalf or on behalf of a DIVERSA Collaborator ) produced, provided, rendered or condu cted in consideration of such Economic Consideration claim the benefit of the lic enses granted hereunder or would constitute practice of or are otherwise cover ed by the XOMA Patent Rights or the XOMA Know - How, but excluding [ * ] . All forms of other than cash shall be valued at their Fair Marke t Value at the time of receipt by DIVERSA . If a Third Party makes an equit y investment in DIVERSA as part of such consideration, then [ * ] shall not be i ncluded in Economic Consideration