definiens: means and is limited to tomatoes which are bred and grown primarily for marketing as ( and which are in fact marketed exclusively as ) fresh, uncooked, unprocessed tomatoes intended for human consumption in that condition . Without limitation, the phrase does not include so - called tomatoes ( or any other tomato, however named or characterized ) which are bred and grown primarily for use as fresh or cooked ingredients in - 2 -commercially prepared foods such ~ for example, soups, sauces, gravies, juices, and tomato paste ; ( i ) means and is limited to any new invention, discovery, idea, information, data, information, technique, or technology, which meets all of the following criteria : ( 1 ) is invented, discovere < L conceive < L or created, by [COMPANY] under and subject to the Research Agreement during the Term, ( 2 ) constitutes a or under the Research Agreement ( such that all worldwide right, title, and interest thereto is owned by Campbell ), ( 3 ) relates to fresh market tomatoes, and, ( 4 ) does not relate to PGAS Genes