definiens: means any VRI Modulator that : ( a ) is Controlled by a Party or its Affiliate, and ( b ) either : ( i ) exists as of the Effective Date, or ( ii ) is synthesized, conceived, invented or identified as having the activity referred to in subsection ( c ) below, during the Program Term or within the twelve ( 12 ) month period thereafter, and ( c ) meets the criteria for selectivity, activity and potency in functional or pharmacological assays as set out in Attachment 1.1 ( the ) . The Active Compound Criteria may be NY):#7329981 CONFIDENTIAL TREATMENT REQUESTED PURSlJAN r TO 5 U.S.C § 552 AND 17 C.F.R .. § § 240.12(b)(4 ) AND 200.8J BY LETTFR FROM MILBANK . TWEED . HADLEY & McCLOY LLP DATED MARCil 11.1004 CONFIDENTIAL TREATMENT REQUESTED modified in writing by the JRC . If an Active Compound is detennined to be an Unavailable Compound it shall cease to be an Active Compound