definiens: means, with respect to any material, Information, or intellectual property right, that a Party ( a ) owns such material, Information, or intellectual property right or ( b ) has a license or right to use to such material, Information, or intellectual property right, in thecase of ( a ) and ( b ) with the ability to grant to the other Party access, a right to use, or a license or sublicense ( as applicable ) to suchmaterial, Information, or intellectual property right on the terms and conditions set forth herein, without violating the terms of any agreementor other arrangement with any Third Party . For Information or Patents of which a Party obtains after the Effective Date, suchControl shall only be deemed to exist if the grant of a license or sublicense thereunder in accordance with this Agreement does not result inthe granting Party owing payment to a Third Party, unless the Party receiving the grant of rights agrees in writing to pay the resultingamounts due to the Third Party as a condition of receiving such grant of rights