definiens: shall mean any compound, to the extent the same is : ( i ) disclosed in either Party ’s patentsor patent applications as of August 25, 2004 ; ( ii ) in the possession of either Party as of August 25, 2004 ( as reflected in thebooks and records of such Party ) ; ( iii ) acquired by a Party from a Third Party after August 25, 2004 by way of a merger with, oracquisition of, such Third Party ; or ( iv ) independently developed by a Party outside of performance of the OCA pursuant tothe OCA Research Program without use of or access to any Collaboration Technology, or any Confidential Information of theother Party ; in each of ( i ) through ( iv ) above, as evidenced by such Party ’s contemporaneous written records . Notwithstandingthe foregoing, Excluded Compounds shall not include Licensed Pre - Existing Compounds . Further, both Parties agree thatthere are no Sunesis Excluded Compounds that are Target Selective against the BTK Target as of the Effective Date