definiens: shall mean Delivery Know - How that [COMPANY] or those Affiliates of [COMPANY] thathave received a sublicense pursuant to Section 3.1(b)(iv ) or that have generated new Patent Rights or Know - How frompracticing [COMPANY] Intellectual Property without a sublicense from [COMPANY] thereto, ( a ) first come to Control at any timeduring the [ * * ] period following the Effective Date and that arises outside of the Delivery Collaboration or ( b ) first come toControl during the Delivery Collaboration Term and that arises under the Delivery Collaboration . For purposes of clarity, [COMPANY] New Delivery Know - How shall not include Know - How that is based on, directly or indirectly, or constitutesTakeda Pre - Existing Delivery Intellectual Property or any Know - How that constitutes improvements to [COMPANY] Pre - Existing Delivery Intellectual Property ( i.e., to the extent that practicing such Know - How without a license would infringeany [COMPANY] Pre - Existing Delivery Intellectual Property )