definiens: means ( a ) any agreements entered into by [COMPANY] o r an Affiliate with a Third Party prior to the Effective Date as set forth on Exhibit A-3 pursuant to which [COMPANY] or any of its Affiliates Controls any [COMPANY] Technology, and ( b ) any agreement entered into by [COMPANY] or an Affiliate with a Third Party pursuant to Sections 3.1.9, 5.1.6 and 5.3.6, which are deeme d to be Existing [COMPANY] In - Licenses under such Sectio ns ; and, with respect to both ( a ) and ( b ) any amendments or restatements thereto during the Term in -11 - * * * Confidential Treatment Requested accordance with Section 12.5.3, but excluding any C ollaboration In - License to which [COMPANY] or its Affiliates is a party