definiens: shall mean any and all articles, compositions, apparatuses, substances, chemicals, materials, processes, methods or services for a HUMAN XENOGRAFT SYSTEM ( i ) covered by one or more claims of a BTl PATENT RIGHT and/or NOV ARTIS COLLABORATION PATENT RIGHT ; and/or ( ii ) incorporates or is based on or uses BTl TECHNOLOGY and/or NOVARTIS COLLABORATION TECHNOLOGY ; and/or ( iii ) xenograft tissue, organs or cells other than those included in items ( i ) or ( iil above ; and/or ( iv ) is used in or as part of obtaining and/or delivering cells derived from the bone marrow of the species from which the xenograft is obtained and/or its primary purpose is to allow or promote engraftment of such cells, in each case other than those included in items ( it ( iil or ( iii ) above ; and/or ( v ) upon mutual agreement of the PARTIES those which deplete natural antibodies and/or T - cells of the xenograft recipient, in each case other than those included in items ( it ( iil, ( iii ) or ( iv ) above and which are not owned or licensed to NOV ARTIS or its AFFILIATES as of the EFFECTIVE DATE or within a period of ninety ( 90 ) days thereafter, nor the SCR - l product known as TP - IO to the extent that NOV ARTIS obtains a license to that product . With respect to item ( v ) above, the -12 - PARTIES will mutually agree as to which, if any, products of item ( v ) shall be included as XENOGRAFT PRODUCT and on the terms applicable thereto and if the P ARTlES can not reach mutual agreement, either PARTY can submit same to binding arbitration in accordance with Appendix D