definiens: as defined in each Existing JHU License Agr eement for purposes of determining JHU ’s and each Party ’s respective right s and obligations with respect to the Prosecution and Maintenance thereof, and, follo wing the termination of one Party ’s rights in its Exclusive Field with respect to any Co - Licensed Other JHU Patent Rights or Future Co - Licensed Patent Rights, such Patent Rights shall be treated as if they were as defined in the other Party ’s Existing JHU License Agreement for purposes of determining J HU ’s and such other Party ’s respective rights and obligations with respect to t he Prosecution and Maintenance thereof, ( ii ), for clarity, JHU shall continue to h ave the primary responsibility for Prosecution and Maintenance of, ( A ) in accordance w ith the [COMPANY] / JHU Agreement, the [COMPANY] Current Patent Rights, the G rayBug - Licensed Other Patent Rights, any Transferred Patent Rights that are tran sferred to [COMPANY] and any [COMPANY] - Licensed Future Patent Rights, and ( B ) in a ccordance with the Kala / JHU Agreement, the Kala Current Patent Rights, the Kala -Licensed Other Patent Rights, any Transferred Patent Rights that are transferred to Kala and any Kala - Licensed Future Patent Rights, and ( iii ) Kala shall continue to have the primary responsibility for Prosecution and Maintenance of the Kala / JHU Joi ntly Owned Patent Rights in accordance with the Kala / JHU Agreement ; provided, h owever, that : 1