definiens: means costs and expenses associated with the perfo rmance of the activities set out in a Detailed Phase Work Programme including Professiona l Fees and Materials Costs and Third Party Costs ; means the program to develop the MMS through the p hases described in the Outline Project Plan and further detailed in the De tailed Phase Work Programme corresponding to each P hase ; means the Party which discloses Confidential Infor mation to the other Party ; means a Deliverable which is indicated as being a Documented Deliverable in Schedule 3 or in a Detailed Phase Work Programme fr om time to time . Documented Deliverables will be delivered in document form . Examples of Documented Deliverables include Objectives, engineering specification(s ) and Test Plans ; means, in respect of an event, the target date set out in the relevant Detailed Phase Work Programme, ( as amended by agreement between the Pro ject Managers pursuant to Section 5.3 from time to time ), by which the event is planned to take place ; means 4 January 2010 ; means an event beyond the reasonable control of th e Party affected by it, its sub - contractors and suppliers which can not reasonably b e anticipated by, that Party, including strikes, lo ck - outs and labour disputes ( but excluding strikes, lock - outs a nd labour disputes involving the employees of that Party, its sub - contractors or suppliers ), acts of God, war, ri ot, civil commotion, malicious damage ( but excludin g malicious damage caused by the employees of that Pa rty, its sub - contractors or suppliers ), accident, f ire, flood or storm ; means a Deliverable which is indicated as being a Functional Deliverable in Schedule 3 or in a Detailed Phase Work Programme from time t o time . Examples of Functional Deliverables include prototype instruments, pilot systems and software ; means : ( a ) trade marks, service marks, registered designs, Patent Rights, trade and business names ( including internet domain names and email address names ), unregistered trade marks and service marks, copyrights and related rights, know - how, database rights, rights t o use, and protect the confidentiality of, confiden tial information ( including know - how ), rights in unregis tered designs and inventions and all other intellec tual property rights ; and ( b ) rights of the same or similar effect or nature as those in paragraph ( a ) that subsist or will subs ist now or in the future, [ * * * ] CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION