definiens: shall mean any bona fide activity of a Third Party, whether carried out alone or in a collaborat ion with another Third Party, that was begun before the date that such Thi rd Party becomes an Affiliate of a Party, merges or consolidates with a Party, acquires the assets of a Party relating to this Agreement, or ha s all or substantially all of its business assets acquired by a Party, and which activity, if it had been undertaken by such Party, would otherwise violate the exclusivity covenant of Section 2.8.1, provided that such activ ity does not require the grant of any rights committed to a Party under this Agreement 6 < PAGE > means an individual, corporation, par tnership, limited liability company, trust, business trust, associati on, joint stock company, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, governmental authority, or any other form of entity not specifically listed herein