definiens: shall mean the Know - How th at 4DMT Controls at the Effective Date regarding any Construct or Product, or thereafter Controlled by 4DMT and necessary to develop, make, have made, use, or sell a Construct or Product in each case in the Fie ld . For purposes of clarity, 4DMT shall not be obli gated to provide [COMPANY] with Know - How that is none of the fol lowing : a ) Controlled by 4DMT as of the Effective Date, b ) used or created in the Collaboration, and c ) used or created by 4DMT for Products associated with a 4DMT Product Class that becomes a [COMPANY] Product Class, if the provision, license or sublicense of such Kno w - How to [COMPANY] would result in payment being due to a Third Party ; in which case, so long as 4DMT does not prov ide [COMPANY] with such Know - How, then shall not include such Know - How